drainage from new gutters
UPDATED: Sep 30, 2022
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drainage from new gutters
A contractor just put new gutters on my neighbor’s house. The problem is he changed where they drain. Before none of my neighbor’s rain water came onto my property. Now the front drain is right to my driveway and the back has no extension on it and goes into my back yard. When I asked the contractor about it, he told me that the old way caused water to stay at the house causing water damage. What can I do, do get the contractor to put the gutter drains back the way their were?
Asked on November 23, 2016 under Real Estate Law, Missouri
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue your neighbor for nuisance. Nuisance is an unreasonable interference with the use and enjoyment of your property. Your neighbor, as the landowner, is liable for the flooding of your property.
Damages (monetary compensation) in a lawsuit for nuisance would be an inadequate remedy because of multiplicity of lawsuits since the flooding is ongoing when there is rain. Damages are also inadequate because land is unique.
Since damages are inadequate, you should seek an injunction to stop your neighbor from allowing your property to be flooded.
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