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farmers flood irrigation floods my basement

Discussion in 'Other Ownership, Use & Privacy Issues' started by Motomuse, Jul 1, 2015.

  1. Motomuse

    Motomuse Law Topic Starter New Member

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    I have lived in this house for a couple of years now and realized every summer when the neighboring field is flood irrigated that my basement floods. He is causing the water level to rise and leak into my basement. I now have five sump pumps to protect my basement. They are on days after he irrigates. I am tired of always being worried that my basement is going to flood again. Is there any legal action I can do to get him to sprinkle instead of flood irrigate that field?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You probably can take action against a neighbor for irrigation issues and there are various legal theories you can use, such as trespass. But regardless of which legal theory you may choose, you'll have a difficult time unless you provide notice to your neighbor about the issue. Did you speak to him? Did he refuse? Why are you buying sump pumps without the discussion? I'm assuming you have. You are probably best served sending your neighbor a certified letter in order to place him on notice of the issues (without any dispute) and then seeing how you proceed from there. This is easily the most cost effective solution.
     

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