Neighbor’s Sump Pump Discharge onto my property

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Neighbor’s Sump Pump Discharge onto my property

My neighbor’s sump pump discharges into my driveway creating a thick sheet of
ice. The property is rented out and my tenant could fall on the ice. What are my
rights in Illinois?

Asked on January 29, 2019 under Real Estate Law, Illinois

Answers:

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

Answered 2 years ago | Contributor

You can sue the neighbor for nuisance which is an unreasonable interference with your use and enjoyment of your property.
Damages (monetary compensation) would be an inadequate remedy because of multiplicity of lawsuits due to the continuing discharge onto your property.  Damages are also an inadequate remedy because land is unique.
Since damages are inadequate, your remedy is to seek an injunction to stop your neighbor's sump pump from discharging onto your property.
 


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