Yahoo Finance My neighbor’s sump pump drains onto my property — now my yard is a swampy mess. Do I have legal recourse?
When you buy a home, there's always the risk of living next door to neighbors you don’t like.
It’s fairly common, too: nearly 75% of Americans dislike at least one of their neighbors, according to a survey conducted by LendingTree. Reasons cited varied from “too loud” to “too rude.”
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But regardless of whether your neighbors let their lawns become overgrown or paint their garage door a loud shade of blue that makes you cringe, if they keep to themselves — and stay off your property — you can’t do much about those annoying habits or design choices.
But what if your neighbors' actions — or, rather, inactions — results in damage to your property? It can happen in a number of scenarios.
For example, what if your neighbor's sump pump drains directly onto your property and causes significant damage? In this instance, you may have legal recourse to resolve the issue.
Who's liable for damages?
Laws regarding liability will differ from state to state, and from one situation to another.
Generally speaking, though, if the grade of your street is such that runoff after a big storm forces water out of your neighbor's yard and onto yours, then your neighbor is not liable for damages.
However, there's a difference between a post-storm scenario, which occurs naturally, and specific actions taken on the part of a neighbor that directly result in damage to your property.
If a neighbor installs a swimming pool that's too close to their property line, and it results in flooding in your backyard, you may have legal recourse — especially if you have evidence (in the form of emails, perhaps) of having voiced your concerns to your neighbor in advance.
Similarly, if your neighbor installs a sump pump to remove water from their basement and prevent indoor flooding, it's their responsibility to make sure that it's draining properly.
Know your rights as a homeowner
If your neighbor's sump pump is draining onto your property, it could have a world of consequences.
Not only might it ruin your landscaping, but if the ground in your yard becomes too saturated, it could compromise the integrity of certain structures, such as decks and patios.
Worse yet, if enough water from your neighbor's sump pump gets into your yard, and that water accumulates against the walls and foundation of your home, it could cause a slew of damages.
Home services resource Angi estimates the cost of repairing a basement following sewage damage at $2,800 or more.
Meanwhile, if enough water pools around your home and seeps in to the point where it causes mold, you could be looking at somewhere between $1,128 to $3,450 to fix the issue, according to Architectural Digest.
In this type of situation, you may be able to not only recoup money for damages caused by your neighbor's actions, but also get a court order requiring your neighbor to have their sump pump reinstalled in a manner that doesn't cause your property any damage.
To do this, you may need to file a civil lawsuit against them with the help of an attorney.
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Will your homeowners insurance pick up the tab?
Standard homeowners insurance policies generally won't cover flood damage unless you have a separate flood rider.
However, there's a difference between flood damage and water damage.
If a pipe bursts inside your home, causing water damage, most insurance policies will generally cover the cost of making repairs.
However, with the sump pump example, the water is coming from another property, so you may need to investigate if you can collect damages from your neighbor's homeowners insurance company.
Depending on the extent of the damage, you may want to consider whether or not it's worth it to file a claim. If there’s minimal damage, it may not pay to file a claim if the cost of repairs is below the cost of your deductible.
If the damages are covered under your policy, your insurer may decide to approve your claim and then go after your neighbor’s insurance company to recoup its costs. If your insurer is successful, you may get your deductible back.
Even if you’re able to get the cost of repairing your property covered, it’s not going to do you much good if your neighbor’s sump pump continues to drain directly onto your property.
So, if they don’t step up and fix the problem, you may have no choice but to file a civil lawsuit compelling them to do so.
It’s important to have an emergency fund set aside for instances like this, because even with insurance picking up some of the tab, you risk certain out-of-pocket costs.
It’s also a good idea to familiarize yourself with your insurance coverage so you know what to do when damage occurs.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
