Neighbor diverted water that floods my house

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Neighbor diverted water that floods my house

My neighbor installed a sprinkler system,changed the existing grade, covered the preexisting swale which redirected drainage and floods my house. The back corner constantly sits in mud. He refuses to do anything about it. He sold his house and closing is next month.

Asked on September 22, 2018 under Real Estate Law, Oklahoma

Answers:

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

Answered 3 years ago | Contributor

You can sue your neighbor for nuisance, which is interference with your use and enjoyment of your property.
Damages (monetary compensation you are seeking in your lawsuit) are an inadequate remedy because of multiplicity of lawsuits since the flooding is continual.  Damages are also inadequate because land is unique.
Since damages are inadequate, the appropriate remedy to seek in your lawsuit is an injunction to stop your neighbor from flooding your property.
 


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