Neighbor’s Sump Pump Discharge onto my property

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Neighbor’s Sump Pump Discharge onto my property

My neighbor’s sump pump discharges into my driveway creating a thick sheet of
ice. The property is rented out and my tenant could fall on the ice. What are my
rights in Illinois?

Asked on January 29, 2019 under Real Estate Law, Illinois


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

Answered 4 years ago | Contributor

You can sue the neighbor for nuisance which is an unreasonable interference with your use and enjoyment of your property.
Damages (monetary compensation) would be an inadequate remedy because of multiplicity of lawsuits due to the continuing discharge onto your property.  Damages are also an inadequate remedy because land is unique.
Since damages are inadequate, your remedy is to seek an injunction to stop your neighbor's sump pump from discharging onto 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption