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  1. #1
    Join Date
    May 2011
    Posts
    2

    Exclamation Neighbor's Pond Floods My Property

    My question involves real estate located in the State of: ohio
    My neighbors pond has a plugged up overflow and with recent heavy rains, his pond has started flooding my property. To make matters worse I live in a small town where local officials pick and choose which ordinances they enforce for which citizens they like. They like my neighbors and im not from here. My concerns are falling on deaf ears while my yard anddriveway is swamped making it impossible to mow or get to my house. The neighbors overflow worked until this year. What do I do?
    They hooked up a pump for a few minutes yesturday but it did nothing. This is a half acre pond that is overflowing. Help!

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Neighbors Pond Floods My Property

    Is there any way you can talk to the neighbors? From your post it sounds like the answer is no, but a personal request can sometimes go a long way.

    I'm assuming by local officials you mean the Town officers (Code Enforcement, Selectmen, etc.) Have you tried the local political representative? A phone call from their offices can be a nice wake up call.

    If you have exhausted the political avenues, it may be time to consult a lawyer and a landscape architect. The architect will provide an estimate of damages you can use as a basis for compensation. The lawyer will do his best to get you the compensation and get the flooding remedied.

    Hope this helps.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbors Pond Floods My Property

    When I had this problem several years ago (in Ohio) due to water being backed up on my property due to the negligence of a neighbor (a retirement community) I took photographs of the trespass to accompany my letter stating that I had already suffered damages from their negligence, that my patience was exhausted, and that every day it continued was causing additional damage. It was corrected the next day. I would try that approach first: photographs, written complaint.

    If that does not work, you need to have your attorney seek a temporary injunction in common pleas court. That will have a much more immediate effect than a civil suit for damages. Once the trespass is halted (yes, it is a trespass in the absence of a flowage easement) you will have time to deal with damages.

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