What to do if my neighbor Is building a pond and is going to run the overflow onto my property?
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What to do if my neighbor Is building a pond and is going to run the overflow onto my property?
Can he do this?
Asked on October 10, 2015 under Real Estate Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It would be advisable to obtain an injunction to prevent your neighbor's pond from flowing on your property.
An injunction is the appropriate remedy when damages monetary compensation are inadequate. Damages are inadequate because of multiplicity of lawsuits and land is unique.
Initially, you would obtain a temporary restraining order which would be in effect until a hearing to determine whether a preliminary injunction should be issued which would then be in effect until the court determines whether to issue a permanent injunction.
A court determines whether or not to issue an injunction by balancing the hardship to you if the pond is allowed to flow on your property versus the hardship to your neighbor if the pond is not allowed to flow on your property. It would appear that the hardship to you would outweigh the hardship to your neighbor especially if the neighbor has a reasonable alternative to allowing the water to flow onto your property. These legal arguments should be raised in support of granting the injunction. Another legal argument to raise in support of the injunction is the permanent diminution in value of your property if the neighbor's pond is allowed to flow onto your property.
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