[fromnj]

We have another unique situation. Our house is built on a side of a mountain and we have issues with water running down the mountain into our yard and basement. We have two commercial sump pumps in our crawl space/basemet to manage the water,especially when we have excess rain. We found that our next door neightbor is discharging his excess water directly into our yard via a large flexible pipe the neighbor has partially hidden or covered. The end of the flexible tubing/pipe is actually right at our property line. His property is situated higher up and the pipe fills the back of our yard like a lake. We asked him numerous times to move the pipe and he ignores us. We asked the town if there was anything they could do to make him move the pipe. They could not find anything that they could legally do to make him move it. We are not entirely sure if the pipe is actually on our property not, we'd have to have the property surveyed. Any suggestions?

[ScottGem]

If you can prove damage to your property then file suit. Take pictures of the pipe. I think this is clearly willful damage to your property. I would get a survey but not necessarily to see if the edge of the pipe is on your property. If it is they can just move it back. But I would tell them that unless they move the pipe you will file suit. Plus you will be constructing a rock wall or something to redirect the drainage and your suit will cover the costs of that. Get estimates on what it will cost to redirect the outflow of that pipe around your property.

[excon]

Hello f:

The town isn't interested in any claim YOU might have against him. They're only worried about their rules and regulations. Since his pipe doesn't violate your property line, there's nothing the city can do about it.

That said, I believe you have recourse against him for the damage he's causing you. I'd write him a certified letter demanding that he redirect the water flow AWAY from your property, or you'll hire a crew to remove the water and bill him for the damage and sue him if he doesn't pay. Send your letter certified, return receipt requested.

I see my friend Scott is ALSO investigating your post. He'll have something interesting to say, you can count on it.

excon

[fromnj]

Thank you Scott.

[fromnj]

Thank you excon!