New neighbor cut 500 foot long ditch drain his surface water onto our property

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New neighbor cut 500 foot long ditch drain his surface water onto our property

He purchased the property does not like
rain water gathering on his land. It’s
very low and never graded properly. So
he cut a 500 foot ditch along property
line and dead ends. It overflows onto
our property now where there hasn’t been
water.huge amount of water with cow
feces in it. What can I do

Asked on May 27, 2019 under Real Estate Law, Michigan

Answers:

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

Answered 2 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) are an inadequate remedy because of multiple lawsuits due to the ongoing nature of the flooding of your property. Damages are also inadequate because land is unique.
Since damages are inadequate, your remedy is to seek an injunction to stop the flooding of your property.


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