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Neighbor claiming water damage on his property.

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  • Neighbor claiming water damage on his property.

    I moved into my house 2yrs ago in Michigan. We have a pool in our backyard and it takes up most of the back yard. Around the whole back yard is a pool fence and directly inside the pool fence are arborvitae trees for privacy. Our next door neighbor started complaining this spring that there’s water collecting from rain and not draining from his property because the arborvitae raised the elevation of my property overtime. The pool was put in in 2000 same with the pool fence and we assume the arborvitae. The neighbor called the city to complain, the city came out and said that there’s a natural drainage easement running through the back of our backyards and that a pine tree in our backyard over time changed the elevation of the easement and now it obstructs natural flow of water. They recommended I dig a small ditch to allow for the water to drain again. However, there are many areas along our fence line that are low points on his property and collecting water. He wants us to pay for the installation of a dry well and French drains to dry up his backyard, cost of ~$3,000. This is the first time he’s complaining about this and says water has always collected their but never this bad. We’re the 3rd owners of the house and the pool, fence, and arborvitae were installed by the first owner 22yrs ago. The houses were built in the 1990’s. The neighbor is the original owner of his house and has lived there for almost 25yrs. We’re digging the ditch that the city recommended and will call the city back to inspect it and sign off on it. Does the neighbor have any legal rights to demand I pay for the dry well and French drain or is he full of it? The neighbor is an attorney so if this has to go to court it will be a lot more expensive for me than to just pay him for the drain. I’ll take all the advice I can get. Thank you all in advance.
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  • #2
    Good morning, and welcome.

    Unfortunately this is a UK law forum, so the members here will not be able to offer useful advice in relation to your problem.

    But can I wish you the best of luck.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for the post. I must have missed that this is not an American forum.

      take care.

      Comment

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