Legal Question in Real Estate Law in Illinois

i live in a unicorporated part of town. i have a natural creek that drains and retains water for the whole area im in. my question is the business behind my house auto zone, has a small drainage pit that when enough water flows it flows in my creek through my property this pit is filled with white milky water that i think is dangerous can i sue the company?. also my neighbor lets his washer/dryer drainage sludge drain on my property and it getting worse and damaging it can i sue him as well?


Asked on 6/16/11, 3:54 pm

1 Answer from Attorneys

There are general rules that pertain to what are called "riparian rights", which means people upstream can use water that then flows through your property downstream, but they can't generally "waste" the water. Waste is a legal concept that includes polluting it. The first thing to do is contact the county since you are unincorporated. If they say this is a State issue, you contact the State -- EPA. They may investigate and test. If the creek runs into an incorporated area, that town may be involved. You can also have an environmental auditor test the water and runoff; if it's hazardous or against the law they will know. If no government acts to figure this out, you may still have a right to enjoin the others from this kind of drainage if in fact it violates federal or State law. Because of the complexities of environmental laws and the possibility of a lawsuit, you should have an attorney get involved.

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Answered on 6/16/11, 7:10 pm


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