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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a neighbor who has drainage pipes draining rain water

Resolved Question:

I have a neighbor who has drainage pipes draining rain water onto my property. I can get no help from her. I have talked to the City of Rock Hill, S.C. and they cannot help me. I have pictures of the rain water draining into my side yard and back yard through pipes running from her yard, over her flower bed into my yard. The water that stands in my yard is sometimes over 2 inches deep. She will not remove these pipes. Do I have any legal standing and what would you suggest? I will be putting in my own drainage system, but I am afraid with all the water coming from her yard into my yard any system I put in will be over whelmed. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
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 very sorry for your situation.

In this case, you may have seek relief from the court, if she does not correct this issue. Allow me to explain.

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 because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, there may be a cause of action for nuisance and trespass to chattel>

Nuisance is a substantial and unreasonable interference with the plaintiff's use and enjoyment of his property. Silvester v. Spring Valley Country Club, 543 SE 2d 563 - SC: Court of Appeals 2001.

Trespass to chattel is the damage/interference with your property by a third party.

One can request a specific performance to have her ordered, possibly, to correct the issue.

Often, a letter threatening such a suit is enough to have one acquiesce and agree to work things out to avoid a suit. An attorney's letter is recommended since it carries more gravitas. May I recommend the SC 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.

Also, let me know if you need a sample letter.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Yes, can you please send me a sample letter. Thanks

Expert:  Ely replied 1 year ago.
T,

No problem. Now again, remember that this letter is JUST A SAMPLE,and is meant to inspire, and not to be copied and used, because experts cannot draft legal documents for customers.

Dear _____________,

This is in regards XXXXX XXXXX water run off, mainly (description), which has been hurting my property in the following way: (describe).

As such, demand is now made that this stops. Please make adjustments as necessarily reasonable to end this run off by (date), or else I may have no choice but to seek relief via court for NUISANCE, TRESPASS TO CHATTEL, and other related causes of action. Legal/attorney fees shall also be requested in such a case.

I hope that this may be settled amicably.

Sincerely,

Signature

Name


Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Can you please send this to my e-mail address. Thanks

Expert:  Ely replied 1 year ago.
Terrie,

I am sorry, but I do not have this ability! I can only communicate via this medium. As such, I cannot send an email to your address because the site strictly prohibits this.

You may:
1) Highlight the verbiage by holding down the button and dragging your mouse across the text; and
2) Press CONTROL+C and then
3) CONTROL+V once in a word processor to copy it.

You may also print this.

But I am afraid I cannot send this to an email. I am very sorry.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87601
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 17 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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