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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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We have a neighbor to the west of us who has no gutters on s

Customer Question

Hello. we have a neighbor to the west of us who has no gutters on his house. he also has a concrete patio that is angle right towards our house. We have asked him 3 previous time to install a gutter to carry water away from our property. We have even offered to pay for the gutter. Last Saturday, we had a storm that dumped 7 inches of rain in 3 hours. No one else in our neighborhood had water in their basements. We had ankle deep water and took us 14 hrs to clean up. Our 10 month old carpet was destroyed. According to city code Sec 507 P, drainage of roofs and paved areas, yards, and courts and other open areas on the premises shall not discharge in a manner that creates a public nuisance. i have written a letter to the neighbors requesting restitution for $2000.34 for the cost of our carpet. My question is, Can they turn around and hit us with a harassment claim if I give them this letter? Our home owners insurance will not cover this. We have been neighbors for 18 yrs. Very nice people but have had enough. Thank you
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

If you are talking about suing you for harassment then anyone can sue anyone for anything. However, it is incredibly unlikely they would succeed with a case like this.

If you are talking about filing a police report then the answer is about the same but the police are probably going to tell then "it's a civil matter".

So, in essence, you don't appear to really have anything to worry about.

Also, if you decide to sue you can base it on "negligence per se" which means that it is automatically negligence since they violated the statute.

You can also sue for "nuisance" which is what it is called when another landowner does (or does not do) something on their property which causes damages to you or your property. Your case is particularly strong since there is a statute/ordinance on point and you have asked them to correct the problem repeatedly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.