Legal Question in Real Estate Law in New Jersey

Infringement of property line

Neighbor ran pipes onto my property in order to divert water problems in his basement caused by natural spring. Went to Town Hall for assistance & they will not help. What advice do you have regarding how to proceed with the removal of this pipe which could be jeopardizing my wall? What should be my next step? Should I send the neighbor a letter requesting that materials be removed? Would like to try and avoid a lawsuit. Thanks.


Asked on 6/14/07, 12:01 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Infringement of property line

I agree with the other authors, with the following additional suggestion. Take pictures of the pipe so you can prove its existance if litigation is necessary. Better yet, if you can get pictures that show water actually flowing from the pipe. The letter, whether from you or your attorney (if you want to keep it friendly, write it yourself but show that a copy has been sent to your attorney) should describe the problem and its potential for damages (for which you will hold your neighbor responsible) and ask that it be removed and any water flow diverted so it does not enter your property. If this is not done, you may have a Dispute Resolution Committee in your community or County, to which you can direct a complaint. Check with your Town Clerk on this and the initiation forms. I serve on my communities committee. This is an alternative to litigation and they try to mediate disputes between neighbors, but their determinations are not binding. This also does not prevent you from litigating later. However, their findings and the fact that you tries this will help you if litigation becomes necessary. Contact me directly if you need assistance.

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Answered on 6/15/07, 10:48 am
Robert Davies The Davies Law Firm, P.A.

Re: Infringement of property line

very odd. I am handling a case right now in which a neighbor built a drainage swale, rather than pipes, and ran it onto my clients' property.

A smart lawyer and a tough letter might maybe start a discussion with these people as to how they will solve the problem that they have caused you.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/14/07, 12:24 pm
John Corbett Corbett Law Firm LLC

Re: Infringement of property line

Since the flow onto your property has been artificially diverted, the law is on your side even if the township won't yet act. Frequenty a suit can be avoided if the other party comes to realize that you are committed to one if they don't act. The best way to accomplish that is with a letter from your lawyer.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/14/07, 2:08 pm


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