What can I do about a neighbor running their sump pump drainage on to my property

Their property is higher than mine and they run their sump drain
hose down hill to my property

Asked on April 25, 2016 under Real Estate Law, Illinois

Answers:

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

Answered 4 years ago | Contributor

You can file a lawsuit for nuisance which is an unreasonable interference with your use and enjoyment of your property.
The problem however is that damages (monetary compensation) would be inadequate because of multiplicity of suits and land is unique.
Therefore, since damages are inadequate, you should obtain an injunction to stop the flooding of your property by your neighbor.  First, you would get a temporary restraining order which would be in effect until a preliminary hearing, at which time the court would determine whether to issue a preliminary injunction until trial when the court will determine whether to issue a permanent injunction.
The court balances the hardships and burdens to the parties in determining whether or not to grant an injunction.


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