New neighbor cut 500 foot long ditch drain his surface water onto our property

UPDATED: Oct 1, 2022

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New neighbor cut 500 foot long ditch drain his surface water onto our property

He purchased the property does not like
rain water gathering on his land. It’s
very low and never graded properly. So
he cut a 500 foot ditch along property
line and dead ends. It overflows onto
our property now where there hasn’t been
water.huge amount of water with cow
feces in it. What can I do

Asked on May 27, 2019 under Real Estate Law, Michigan


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

Answered 3 years ago | Contributor

You can sue your neighbor for nuisance which is an unreasonable interference with the use or enjoyment of your property.
Damages (monetary compensation) are an inadequate remedy because of multiple lawsuits due to the ongoing nature of the flooding of your property. Damages are also inadequate because land is unique.
Since damages are inadequate, your remedy is to seek an injunction to stop the flooding of 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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