can neighbors sump pump flood my property

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can neighbors sump pump flood my property

neighbors basement sump pump discharges onto sidewalk in front of his house, runs down sidewalk to the entrance walk to my front door, flooding walk and yard

Asked on February 11, 2017 under Real Estate Law, Illinois

Answers:

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

Answered 4 years ago | Contributor

You can sue your neighbor for nuisance, which is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) are an inadequate remedy because the flooding is ongoing which would result in multiple lawsuits and because land is unique.
Since damages are inadequate, the remedy to pursue in your lawsuit is an injunction to stop your neighbor from flooding your property.


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