What are my rights f my neighbor’s tree constantly drops flowers into my pool and has ruined 3 pump motors?

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What are my rights f my neighbor’s tree constantly drops flowers into my pool and has ruined 3 pump motors?

My neighbor has a Crepe Myrtle tree on the fence line of our backyards. I have a pool in direct line of the tree. Its limbs hang over into my yard and directly above my pool. Crepe Myrtles constantly drop flowers. This loads my pool with flowers which then go through the skimmer and into my pump, clogging it up. I have replaced motors since the neighbor put that tree in. She refuses to keep it trimmed. I have emailed multiple times asking to resolve the issue but get no reply. Trimming the limbs that hangover my fence line does not help.

Asked on June 29, 2015 under Real Estate Law, Texas

Answers:

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

Answered 6 years ago | Contributor

You can sue the neighbor for nuisance.  Nuisance is a serious and unreasonable interference with your use and enjoyment of your property.

Although you could seek damages (monetary compensation) in your lawsuit for nuisance, that would be an inadequate remedy due to multiplicity of lawsuits since this situation is an ongoing and continuous problem.

Therefore, since damages are inadequate, you can seek an equitable remedy in your lawsuit for nuisance, which would be an injunction, to have a court order your neighbor to keep her tree trimmed.

 


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