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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30382
Experience:  JA Mentor
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My neighbor is flooding my yard. What can I do?

Customer Question

My neighbor is flooding my yard. What can I do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 years ago.
I'm Lucy, and I'd be happy to answer your questions today.
A property owner has an obligation to use and enjoy his land in a way that doesn't interfere with the neighboring owner's use and enjoyment. Causing flooding on a neighbor's land is a nuisance, and your neighbor can be required to abate that nuisance. You have the ability to file a lawsuit asking for:
(1) That he stop whatever it is he's doing (if it's intentional)
(2) That he take steps to prevent his land flooding yours in the future (if it's unintentional), AND
(3) That he pay the cost of restoring your land to the condition it would be in without the flooding.
If you'd prefer to go to court, it may help to have a local attorney send a cease and desist letter, explaining what is happening and giving him a chance to make things right on his own. Alternatively, you could write the letter on your own and send it via certified mail so he knows you're serious. Those letters are most effective when they include a deadline for action. That way, if the deadline passes and the neighbor hasn't replied, you know to go file a lawsuit.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.