What are our legal options regarding flooding caused by a neighbor?

Our next door neighbor decided this spring to raise her back yard 12″. Now every time she waters her yard it floods our yard. We have tried talking to her about watering less but she just blew us off. Now the water is coming within 2′ of our foundation. We had to dig a trench in our yard to try and run the water off but she waters so much that the trench is overflowing because the ground is so wet it wont take anymore water. Short of paying a contractor to come put in a french drain, what can we do?

Asked on July 22, 2012 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Seek legal help here asap.  You need to have an attorney bring an action to enjoin her (restrain her) from any further action until the matter can be rectified.  You need to see if what she did vilolated any of the local laws and ordinances.  Did she need a permit?  Any angle to see how you can resolve the matter.  She can not "improve" her property to your detriment.  Good luck.


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