If my neighbor dug a water tile to drain his gravel parking lot and now every time it rains my septic system backs up, can I pursue legal action against him to have it fixed?
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If my neighbor dug a water tile to drain his gravel parking lot and now every time it rains my septic system backs up, can I pursue legal action against him to have it fixed?
He refuses to fix it.
Asked on June 14, 2015 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You may have a claim based on "nuisance"--your neighbor did something which intrudes on your property and impedes your use of it. A nuisance claim is a somewhat complicated one to bring, since you are seeking a court order ("injunctive relief") not monetary compensation, and cases involving injunctrive relief are always more complicated (also, you have to bring it in "regular" district or county court, not in small claims court), so you are advised to retain an attorney to assist you. You do have the right to bring this action yourself ("pro se"), but be warned that doing so may be difficult, especially in terms of meeting the procedural and proof requirements.
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