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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
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Answered in 1 hour by:
3/5/2016
Real Estate Lawyer: Andrea, Esq., Lawyer replied 2 years ago
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified

Hi, and welcome to JustAnswer. I am sorry to hear what your neighbor is doing. Here are the actions you can take -

You did not say if the flooding has caused damage to your property, so in Answering your question, I will assume the following (Please correct me if my assumptions are incorrect) -

1. The flooding is causing damage to your property;

2. The flooding is preventing you from fully enjoying your property;

ANSWER -

1. The first thing you should do is get at least three estimates to repair the damage that the neighbor's flooding has caused to your yard;

2. Send written notice to your neighbor that the flooding has caused damage to your property and will continue to cause damage to your property until he takes steps redirect the water in order to stop the water from running onto your property;

3. Enclose copies of the 3 estimates to repair the damage caused to your property by the flooding and demand that the neighbor pay an amount equal to the average of the 3 estimates;

4. Ask the neighbor to redirect the water coming from his property so that it does not flow onto your property;

5. Inform your neighbor that you would prefer an amicable resolution to this problem, but if he does not cooperate in resolving the problem and paying the cost of repairs for damage already done, then he will leave you no alternative and you will be forced to file a lawsuit against him and ask the Court for damages equal to the cost of the repairs, and for an injunction against the neighbor so that he does not allow this to happen again in the future;

6. Give your neighbor at least 10 days to respond. If he tells you that he will not pay your damages and will not redirect the water, then you will have to file a lawsuit against your neighbor and ask the Court to issue an injunction against your neighbor and Order him to pay your damages. You will not incur any legal fees because you do not need a lawyer to sue in Small Claims Court. 7. Go to the Small Claims Court covering the County in which your residence is located and ask the Court Clerk to give you their printed form for a Plaintiff's Complaint, fill it out, give it back to the Court Clerk for filing and ask for a hearing date;8. On the hearing date, bring copies of the estimates with you obtained for repairing he damage, photographs of the damage, and copies of the letter you sent to the neighbor in your attempts to settle the matter out of Court, and when you are presenting your case to the Judge, hand these copies up to the Judge. You will then present your case to the Judge, ask for judgment in the amount of the cost of repairs and also ask the Judge to issue an injunction so that the neighbor will be prohibited from allowing water from his property to run onto your property and causing more damage to your property. Please let me know if you need clarification on anything, and I will be glad to explain further, Please be kind enough to leave a positive rating for my assistance because this is the only way that JustAnswer will give me credit for Answering your question. You have already placed a deposit with JustAnswer, so leaving a positive rating will not cost you anything additional. If you do not leave a positive rating, JustAnswer keeps your deposit and does not give credit to me for assisting you. So, please remember to leave a positive rating. Positive Feedback and Bonus are always appreciated, Kindest Regards, ANDREA
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Andrea, Esq.
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Category: Real Estate Law
Satisfied Customers: 12,554
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Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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