Do I have any recourse if my neighbor’s landscaping causes water to back up on my property?
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Do I have any recourse if my neighbor’s landscaping causes water to back up on my property?
My neighbor is putting in landscaping
that is blocking water flow and will
cause it to back up onto my property.
Do I have any optoons?
Asked on May 16, 2018 under Real Estate Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue your neighbor for nuisance which is an unreasonable interference with the use or enjoyment of your property.
Damages (monetary compensation you are seeking in a lawsuit) are an inadequate remedy because the water has not yet begun to flood your property or if it has started, multiplicity of lawsuits would be required since the flooding is ongoing. Damages are also inadequate because land is unique.
Since damages are an inadequate remedy, your remedy in your lawsuit for nuisance is an injunction to prevent your neighbor's landscaping from flooding your property.
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