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My neighbor diverted water away from my underground sprinkler

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My neighbor diverted water away from my underground sprinkler system in July 2006. The repair bill for my irrigation pump was $1500. Is the statute of limitations still open for damage to real property?

Hello Aurie,
My name isXXXXX a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Accordingly, I will speak candidly rather than doing you the disservice of lying or misleading you. I didn't enact the law, and personally I often disagree with it, but nevertheless we're all stuck with it. I just wouldn't do you the disservice of lying or misleading you. So, here's the truth.
Pursuant to Oregon Revised Statutes §12.080, your claim is time-barred. The limitations period for filing such a cause of action is six years from the date of the occurrence.
I am sorry.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.

Customer: replied 3 years ago.

I understand that damage to personal property has a six year SOL, but I beleive this is damage to real property since the irrigation system is buried under the surface of the land. Does a ten year SOL apply?

Hi there,

Thanks for writing back...great to hear from you!

No, and here's why, for a couple of reasons.
First, the plain language of Oregon Revised Statutes §12.080 speaks to "real property".
Secondly, the 10-year limitations period codified at Oregon Revised Statutes § 12.135 is quite narrow and tailored to address only "construction, alteration or repair of a small commercial structure" and so forth.
Believe me, I would love to say otherwise, but I just won't lie to you. The law governing the limitations period is just not favorable, I truly regret to say.
Kind regards,

Ben, J.D.
LawHelpNow and 7 other Legal Specialists are ready to help you
Hello Aurie,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.


Ben, J.D.

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