is it legal for neighbor to have sub pump and run off flooding my yard and basement?

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is it legal for neighbor to have sub pump and run off flooding my yard and basement?

purchased our home on May 26,2017 and have been flooded 4 times. its causing
erosion of ground around our home, gutters in our yard and our water to be muddy
causing us to have to replace filter after filter,and the water from the sub pump
has a smell of sewage. i’ve spoken to him the first time it occurred and he just
smiled. went to the township enforcement officer and he also has done nothing
about it. we have 10,000.00 already invested in trying to stop it but as long as
he doesnt do anything its a loosing battle. Please tell me my options. thank you

Asked on October 18, 2017 under Real Estate Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

You can sue your neighbor for nuisance for flooding your property.  Nuisance is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) in a lawsuit for nuisance may be inadequate due to multiplicity of lawsuits for the ongoing flooding and damage to your property.  Damages are also inadequate because land is unique.
When damages are inadequate, you can pursue an injunction to stop the flooding. The court will balance your interests against those of your neighbor in determining whether or not to grant an injunction.  


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