Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. Unfortunately, this happens more often than you think. The good news is that you do have relief. The bad news is that you may have to go to civil court to get it.
In this situation, the police are not going to become involved because it is more of a civil matter. They cannot tell her to shut off the water. The Court can
, however. Way back in the 1800s the Court already had this established under Hazeltine v. Edgmand, 35 Kan. 202, 213, 10 Pac. 544 (1886)
: (holding that a landowner is liable if he or she sheds water to a neighbor's property through neglect, thereby causing damage).
This has been included in our modern laws as well. See Modern Status of Rules Governing Interference with Drainage of Surface Waters, 93 A.L.R.3d 1193, § 10(a)
In sum, someone in your situation may have to bring a SUIT before the civil court, seeking for her to stop doing this.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
Here, this would be two actions: negligence
To recover for negligence, the plaintiff must prove the existence of a duty, breach of that duty, injury, and a causal connection between the duty breached and the injury suffered. McGee v. Chalfant, 248 Kan. 434, 437, 806 P.2d 980 (1991)
. Here, she arguably has the duty under common law to exercise reasonable caution and did not.
Nuisance is the unreasonable interference with the use and enjoyment of the land. Williams v. Amoco Production Co., 734 P. 2d 1113 - Kan: Supreme Court 1987
Very often, a CEASE AND DESIST letter from an attorney would do the trick even without having to litigate since a letter from an attorney carries more gravitas and implies that action is imminent, wherein she may not see you as too much of a threat without counsel. Such a letter is normally $100 or so. May I recommend the Kansas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
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