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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33190
Experience:  15 years real estate, Realtor. Landlord 26 years
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My neighbor has a drain pipe under his driveway that has been

Customer Question

My neighbor has a drain pipe under his driveway that has been smashed causing rain water to washout my driveway. My gravel is in the yard and huge ruts in the driveway. Lived here 17 years and it has only started last year when the pipe was smashed causing rerouting of rain water. Now my base ment is getting water in it. I have pics and video showing how the water cuts across the road flooding my property. Talked to him and he refuses to fix it. We are in a private subdivision. What can be done?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 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..Do you know for sure that his drain was crushed?.Did he have some heavy equipment in use that damaged it?.How soon after did you start getting the water problems? immediately?.Have you had anyone like a landscape engineer out to inspect and give you a report on what they think the water problem is caused by?..thanksBarrister
Customer: replied 5 months ago.
The drain is prolly only 10-12 inches in diameter and you can see that it is smashed. The ditch than ran along that side of the road is now filling in. So each heavy rain more and more cuts across to my yard and driveway. Originally when that house was built there was a nice culvert that ran down to a larger drain pipe that cuts through my pasture down to our lake. When that house was built they put their driveway across from mine. They installed the drain under the gravel driveway. Sometime last year when the original owners moved and the new moved in the drain smashed or collapsed. That's when our damage started. We have pics and videos showing how it's not going through their pipe anymore. Spike to him and he said not his problem.
Customer: replied 5 months ago.
Sorry, spoke to him. The damage to our driveway is so bad you can barely get in and out of it.loads of our gravel now sits in the yard.
Expert:  Barrister replied 5 months ago.
Ok, then assuming that you can prove that it is his collapsed drain line that is the cause of the problem, then you can file suit against him for "private nuisance" if he refuses to fix it. 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 if his drain is now causing your flooding problems, then that is a private nuisance and you can sue him to get a judge to issue an order for him to abate the nuisance..If you didn't want to jump right to litigation, you could have a local attorney send a letter demanding that he repair the drain or you will file suit and hold him liable for any legal costs in addition to the costs of any abatement and damages..Sometimes a scary letter from an attorney will "encourage" someone to fix something rather than be dragged into court to be ordered to do so...thanksBarrister

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