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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6536
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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i have a creek that runs behind my property . My neighbor downstream

Customer Question

i have a creek that runs behind my property . My neighbor downstream had the creek piped in without permits or DEP permission and it is causing flooding on my property . I feel the pipe is not large enough. I reported it to the Dep in NJ in October and I feel like I am getting the run around from them . What are my legal options ?
Submitted: 5 years ago.
Category: Legal
Expert:  LADYLAWYER replied 5 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

You may sue your neighbor in civil court for trespass, conversion and nuisance. You could also ask the court for an injunction so he would be prohibited from using the pipe anymore.

LADYLAWYER :

I would recommend working with a civil litigator on this issue. First, a cease and desist demand letter will be sent to your neighbor. If he fails to remove the condition causing the flooding to your land, you could then sue and obtain the prohibitary injunction. If you are successful in your case, your neighbor will have to pay all of your legal fees.

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