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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33730
Experience:  15 years real estate, Realtor. Landlord 26 years
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Can a person sue us with no proof that the pipeline is ours?

Customer Question

A resident who lives right near our underground irrigation pipeline is claiming our pipeline is leaking and has gone under his driveway and caused the driveway to crack yet we have never seen water in the area near the driveway that gives us any indication of pipeline leakage. Can he sue us with no proof that it is our pipeline causing the problem if indeed there is water under the driveway?
This is in California.
We have been in contact with our insurance and have an appointment with a lawyer next week.
We irrigated with that pipeline for a check and no water appeared on the cement during those 10 hours of use.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.
Hello and welcome!
Can he sue us with no proof that it is our pipeline causing the problem if indeed there is water under the driveway?
Yes, he could file suit, but would still have to prove his case in court to a judge that it was your water lines that were causing his problem. It might simply be subsidence of his land due to a sinkhole or other natural pocket under that area.
But you can have a plumber come out with a "sniffer" which is an incredibly sensitive sound detector and if there is a leak he can hear it even several feet down and pinpoint it if it is there. If he doesn't find anything, you can use that report as evidence that the neighbor is wrong and just fishing for money to fix his driveway.
Thanks

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