my neighbor excavated his yard.Now my yard is slumping into his below grade yard.Talked to him 3x's about situation ... no action.Do i sue him in small claims or do i have the problem fixed and sue him for the cost?
1 Answer from Attorneys
There is nothing that you can do legally, unless you can prove that you (or a group of owners to which you belong) own some sort of drainage easement or other right to control drainage on the land of another. A title search on the neighbor's lot will tell the tale, although you will probably need an experienced real estate lawyer to fully understand it. Rights could also arise from subdivision rules or regulations made by government drainage districts. Talk to an experienced real estate lawyer for other options.
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