Springfield, OH asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio

Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards the swampy area. I've talked to home owner and they said there's nothing they can or will do. So I am just checking about any legal aspects avenues I may have?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for property damage. You would need expert testimony to prove that, so you would have to hire a civil engineer to assess the situation and give an expert opinion. Before doing that, use the Find a Lawyer tab to retain a local real estate attorney to review the circumstances, advise you of your options, and communicate with the neighbor.

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