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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37061
Experience:  Texas Attorney for 30 years dealing in real estate
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My neighbor dug a big hole in my yard and installed a drain

Customer Question

My neighbor dug a big hole in my yard and installed a drain with pipes going to a creek to divert rain water from his yard. I like to send him a letter informing him if he fails to remove it and return my property to the same condition that it was in before he drilled the hole, I will sue him. Please review this letter and change it accordingly. Keep in mind that he did not alter his land to divert the water, he altered mine by trespassing. He did not damage my property, he just used a portion of it for his own benefit. I was going to use it to plant trees to create some privacy. I don’t think that“the reasonable rule” applies here.
Dear __, This correspondence is in regards ***** ***** action of diverting the flow of water recently from your land, unto mine. you may or may not know that Ohio follows the "reasonable rule" which basically is summed up as: "In resolving surface water disputes, courts of this state will apply a reasonable-use rule under which a possessor of land is not unqualifiedly privileged to deal with surface water as he pleases, nor absolutely prohibited from interfering with the natural flow of surface waters to the detriment of others. Each possessor is legally privileged to make a reasonable use of his land, even though the flow of surface waters is altered thereby and causes some harm to others, and the possessor incurs liability only when his harmful interference with the flow of surface water is unreasonable. (Butler v. Peck,***** 334, and its progeny, overruled to extent inconsistent herein.)" Joseph v. Wyss, 72 Ohio App. 3d 199 - Ohio: Court of Appeals 1991. It is my position that your diversion is unreasonable, and the water you diverted has caused me and continues to cause me harmful interference. Demand is hereby now made that unless this diversion is undone by (date), I may be forced to take legal action and pursue a case for negligence and nuisance, seeking reasonable fees for the damages caused to my property from your actions as well as attorney and legal fees, and possibly an injunction. Sincerely, ***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Here is your letter with some changes. Dear __, This correspondence is in regards ***** ***** action of diverting the flow of water recently from your land, unto mine. My lawyer has informed me that Ohio follows the "reasonable rule" which basically is summed up as: "In resolving surface water disputes, courts of this state will apply a reasonable-use rule under which a possessor of land is not unqualifiedly privileged to deal with surface water as he pleases, nor absolutely prohibited from interfering with the natural flow of surface waters to the detriment of others. Each possessor is legally privileged to make a reasonable use of his land, even though the flow of surface waters is altered thereby and causes some harm to others, and the possessor incurs liability only when his harmful interference with the flow of surface water is unreasonable. (Butler v. Peck,***** 334, and its progeny, overruled to extent inconsistent herein.)" Joseph v. Wyss, 72 Ohio App. 3d 199 - Ohio: Court of Appeals 1991. It is my position that your diversion is unreasonable, and the water you diverted has caused me and continues to cause me harmful interference. Demand is hereby now made that unless this diversion is undone by (date), I may be forced to take legal action and pursue a case for negligence and nuisance, seeking reasonable damages for the damages caused to my property from your actions as well as attorney and legal fees, and possibly an injunction. Sincerely, ***** ***** I think I spoke to you earlier and I had had a couple of more changes/improvements upon second review. I am trying to hone your letter some more. I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Customer: replied 1 year ago.
Relist: Answer quality.
He reviewed the same letter twice.
I prefer another opinion.
Also, I am not convinced that “the reasonable rule” applies here. He did not damage my property, he just used a portion of it for his own benefit.
I like to send him a letter informing him if he fails to remove it and return my property to the same condition that it was in before he drilled the hole, I will sue hi
Expert:  Ray replied 1 year ago.
Let me know if you have more follow up.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Ray replied 1 year ago.
I opted out here so you could seek another expert.No need to respond or rate it will be picked up.

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