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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37818
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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If a neighbor's washing machine drainage line flows over into

Customer Question

If a neighbor's washing machine drainage line flows over into a pasture that I own where I have cows grazing, can I require him to re-route it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.
Good evening,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. If your neighbor has intentionally directed the washing machine discharge line toward your property, causing your property to be contaminated with waste water, you may absolutely force the neighbor to either alter the flow of the waste water so that it only floods his land. You can sue for Nuisance and trespass and seek an injunction from the court to prevent the further water pollution. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Customer: replied 1 year ago.
This did not happen intentionally. I sold this home to my nephew several years ago and included an"proposed sewage easement" on the deed. When they repaired their washing machine line, they ran this line into the adjacent pasture (which is not part of the easement). Over time, it has drained into the pasture to the point that, now, there is standing water throughout the area. I believe my nephew MAY be using this as a sticking point to get me to sell him some additional acreage. He said he did not want to pay to run additional lines on property that will not include his future generations and, "besides, the water doesn't pose a problem....it's just washing machine water." I hate to have this drive a wedge between family members, but it is running my pasture and I do not feel I should be forced to sell this land.
Expert:  LawTalk replied 1 year ago.
Hi, You wrote: When they repaired their washing machine line, they ran this line into the adjacent pasture (which is not part of the easement While there may not have been a malicious intent to damage your property, the fact that the line was intentionally places=d where it was, was an intentional act. besides, the water doesn't pose a problem....it's just washing machine water. Washing machine water is fully capable of carrying viruses, bacteria and all sorts of things that you do not want saturating your land, or your cattle consuming. Think bacterial diseases that make the cattle sick and their milk and meat dangerous for human consumption. You have the right to force him to relocate the line and to cease polluting your property with his wastewater. Whether you enforce your legal right is up to you. I do empathize with your predicament----but he is the one in the wrong here---100% in the wrong. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug