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Barrister, Attorney
Category: Legal
Satisfied Customers: 33190
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Our neighbors lake is constantly leaking and it is damaging

Customer Question

Our neighbors lake is constantly leaking and it is damaging our property, eroding it. We have been dealing with this for over 10 years and he keeps saying he is going to fix it but doesn't. What legal rights do we have
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


Your recourse here is to file a lawsuit against him for "private nuisance" and get a judge to order him to abate the nuisance. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.


So when his lake is flooding or leaking onto your property and causing you damages or preventing you from using and enjoying your land, that is the definition of a private nuisance. The judge in this case can award you damages for the neighbor's actions as well as ordering an injunction for him to do whatever is necessary to prevent this from happening again or face civil contempt charges and a maximum penalty of 6 months in jail for repeated violations.





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