Neighbor diverted water that floods my house

UPDATED: Oct 1, 2022

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Neighbor diverted water that floods my house

My neighbor installed a sprinkler system,changed the existing grade, covered the preexisting swale which redirected drainage and floods my house. The back corner constantly sits in mud. He refuses to do anything about it. He sold his house and closing is next month.

Asked on September 22, 2018 under Real Estate Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your neighbor for nuisance, which is interference with your use and enjoyment of your property.
Damages (monetary compensation you are seeking in your lawsuit) are an inadequate remedy because of multiplicity of lawsuits since the flooding is continual.  Damages are also inadequate because land is unique.
Since damages are inadequate, the appropriate remedy to seek in your lawsuit is an injunction to stop your neighbor from flooding your property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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