Neighbor is flooding my basement

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Old Aug 16th, 2010, 12:02 AM   #1
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Default Neighbor is flooding my basement

Hi, Sorry this is so long but there is quite a bit of background. I bought my house 4 years ago in the winter. In the spring my basement started flooding. I called a plumber as it was leaking in through the foundation & floor joint and from around the sewer lines exit through the foundation. It was a finished basement. the whole thing was a loss, carpet drywall, furniture, storage etc.
My basement is big, 38*54 all finished except a small corner for laundry/utilities and a small wood shop maybe 15*10. Had 5 plumbers out, they couldn't find any clogs in the drain. While talking to the last one we were walking the yard and I noticed under a landscaping rock that I indeed had a clean out contrary to what the last owner told me. We discovered a small ball of grease but nothing big enough to clog the 6 in line. We removed it and it quickly turned fall and no more water. It has flooded every year since then.

The next year I spent building up the ground around the foundation, still flooded but not as bad, That side of the house is about 3 feet from the property line and the other house is about 3 feet from there. I noticed water building up around the area of the water coming in one day and since My roof does not flow that way it had to be a leaking gutter from the neighbor. So I asked him to fix it and he did after 4 months. Now here is the key, the start of this year my neighbor moved out and the house is for sale. I noticed that a hose was sticking out of a hole where the foundation and the siding come together, I had seen the hole before but never a hose sticking out. I noticed it draining water and since they were not completely out if the house I saw them regularly still, I said something and he said oh that's been there for 3 or 4 years. I asked him to reroute it as it is real close to my foundation. He agreed.

It pumps out enough to keep me hauling 5 10 gallon shopvacs every 2 days. He still owns the house and comes by on the occasion and I have left him 3 notes asking him to move it as it is flooding my basement. I firmly believe that the year we moved in he started pumping water out in between the houses. I think I never saw the hose because he only put it through when he knew I wasn't home and pumped the water out. Since he moved the hose has to stay all the time and the pump operates on auto now.

Do I have any recourse, is my neighbor possibly liable for all/some of these damages?
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Old Aug 17th, 2010, 11:43 AM   #2
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Default Re: Neighbor is flooding my basement

I wish to inform you that as your basement has been flooded and there has been damage on your property by your neighbor therefore your neighbor can be made liable and also to make necessary arrangement so that there is no flooding in future. In this regard you can give notice to your neighbor about the fact there has been damage to your property because of your neighbors act. If your neighbor refuses then you can file a lawsuit. A person can be made liable for acts which causes damage to others property.

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Old Aug 31st, 2010, 02:13 AM   #3
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Default Re: Neighbor is flooding my basement

Two follow up questions if you do not mind,

1. I think the damage may exceed 15-20K, that is not small claims court and I would need to hire a lawyer correct?

2. I got tired of hauling water out of my basement after 3 letters left in his mailbox, which were all received as far as I know. It was continuing to pump water on my foundation and came home from work one day and was just plain tired and mad about the whole thing and pushed the hose coming out of his house back into his house all the way. It may have caused damage, can I in turn be held liable for this?

Thank you
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