While I attempt to provide reasonable care in answering your questions in an online forum which encourages attorneys to provide brief "off the cuff" responses within several hours of the posting of a question, I cannot perform any further detailed legal research concerning possibly relevant statutory or case law which might apply to your situation that I would normally do in the course of my representation of clients where an attorney-client relationship exists (and you are paying for my services!). I can only answer your question based on the brief statement of facts you present in your question which may omit other relevant facts which would be disclosed in an in-person interview. In particular, my answers and those of other attorneys on are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue. Such information is intended for general informational purposes and should be used only as a starting point for addressing your legal issues. This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶¶s 4 and 10 which state that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Topic changed from land use and zoning (which deals with municipal land use permits and restrictions) to real estate. However, there's another legal principle that says that the law does not deal with trifles "de minimis non curat lex", an old enough principle that it came from the Romans, so you might want to just go ahead and do what your neighbor is obviously too lazy or uninterested to bother with. I doubt the police or courts would get involved over such a minor trespass, which would be in fact illegal and which I and any other attorney would tell you we officially endorse (which we're not allowed to do as "officers of the court"). $15 worth of supplies at Home Depot or Loews and a half hour of work. YouI'd simply go on his property or wherever the downspout is when he's away and add the extension that redirects the water to his property. Drainage issues with development are a grey area in the law (they are usually dealt with only with new development under federal, state and local water pollution laws and permits).Īs opposed to a legal remedy, I might simply recommend you consider "self help". This will cost thousands of dollars and months to get to that point. If your neighbor is not helpful, you MAY be able to get a court to agree with you that his runoff is either a nuisance or he lacks a drainage easement, etc.
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