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Roger
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Category: Real Estate Law
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Next question I live in a relativly arid part of New Mexico

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Next question: I live in a relativly arid part of New Mexico where the arroyos are dry most the year but act up substantially during the monsoons. My neighbor has a couple of shared arroyos with me and on the other side of him is US Forest land. He runs a septic/sand/gravel business out of his 10 acres from which he has dug up quite a bit of the arroyos upstream from my 10 acres. Most of his activity is relatively recent and I don't live on my property so it is difficult for me to access erosion damage. Is it legal for him to run such an operation? I'm pretty certain he has not cleared it with the state. Can I have him stopped for fear of what I suspect it is doing to my property down stream?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

He can run this operation on his property. However, if it adversely affects your property with erosion problems - or other issues arise - you have the right to require him to do necessary maintenance to keep his property's water run-off from damaging your property.

 

If the neighbor will not do this voluntarily, you can sue for these damages.

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