What can I do if the chlorinated water from my neighbor’s pool has drained into our yard and killed 3 of my 20 year old evergreens which also provided us with privacy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if the chlorinated water from my neighbor’s pool has drained into our yard and killed 3 of my 20 year old evergreens which also provided us with privacy?
Who will pay for replacing those and how do I make sure this does not happen again? The water from his pool continuously floods our yard. The chlorine in the water is now killing our trees. The unground pool was installed a couple of years ago.
Asked on March 11, 2016 under Real Estate Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is unlikely that you will be able to resolve this amicably unless your neighbor pays to replace the evergreens and shuts down his pool.
Nuisance is an unreasonable interference with the use and enjoyment of your property.
You can sue your neighbor for nuisance and seek damages (monetary compensation) for the loss of the trees and the damage to your property from flooding your yard.
However, damages are an inadequate remedy due to multiplicity of lawsuits since the flooding is continuous and also because land is unique. Therefore, since damages are an inadequate remedy, you can seek an injunction against your neighbor 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 AttorneyPages.com 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.