What is my neighbor's responsiblility for an unrepaired water leak causing damage to my property?
Question Details:
My neighbor has a water leak under his home since June 09. It is running into my yard and is now crossing my driveway. My backyard is a mud bog because of this. I have asked him more than a dozen times to repair the leak or ditch the water away from my yard, but he has refused. Now the yard is completely saturated, and water is streaming across my driveway, approximately 80 ft from the leak. What recourse do I have? At this point there is no monetary damage, technically. I just can't use my yard.
Real Estate Law Answers
Not being able to use your yard IS monetary damage--you pay tax on the space you're not using. You should figure out what percentage of your tax bill is attributable to the square footage of your yard; break that down to a daily rate; and then tell your neighbor that if he doesn't fix the leak, you will sue him both to force him to do so--which you can; he has no right to "trespass" with a leak or otherwise create a condition on your land that deprives you of its use--and also for monetary damages equal to the daily tax charge, back all the way to when the leak started.
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