My neighbor floods me with garden hose

My neighbors have a pool and fill it with a
garden hose. They leave hose on for days. I
don’t notice until the water seeps under the wall
deprecating the properties. My. Drive way is
now falling apart from the water making the
ground soft under the concrete. What are my
options. Can I sue the neighbor to replace drive

Asked on October 16, 2017 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your neighbor for nuisance.  Nuisance is an unreasonable interference with the use or enjoyment of your property.
In your lawsuit for nuisance, you can seek damages (monetary compensation) for the replacement of your driveway; however, damages may be an inadequate remedy due to multiplicity of lawsuits from continuing or ongoing flooding of your property and because land is unique.
If damages are an inadequate remedy, you can seek an injunction to stop the flooding of your property.  The court will balance the competing interests of the parties to determine whether or not an injunction should be granted.

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