What can I do if the chlorinated water from my neighbor’s pool has drained into our yard and killed 3 of my 20 year old evergreens which also provided us with privacy?

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What can I do if the chlorinated water from my neighbor’s pool has drained into our yard and killed 3 of my 20 year old evergreens which also provided us with privacy?

Who will pay for replacing those and how do I make sure this does not happen again? The water from his pool continuously floods our yard. The chlorine in the water is now killing our trees. The unground pool was installed a couple of years ago.

Asked on March 11, 2016 under Real Estate Law, New York

Answers:

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

Answered 5 years ago | Contributor

It is unlikely that you will be able to resolve this amicably unless your neighbor pays to replace the evergreens and shuts down his pool.
Nuisance is an unreasonable interference with the use and enjoyment of your property.
You can sue your neighbor for nuisance and seek damages (monetary compensation) for the loss of the trees and the damage to your property from flooding your yard.
However, damages are an inadequate remedy due to multiplicity of lawsuits since the flooding is continuous and also because land is unique.  Therefore, since damages are an inadequate remedy, you can seek an injunction against  your neighbor to stop the flooding of your property.


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