Next Door Neighbor Responsible for Property Damage?

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“Can my neighbor be held responsible for their automatic lawn sprinkler that is overshooting to our property, and causing a moss buildup in our concrete fence that makes it ugly?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

First, have you spoken with your neighbor and asked them to adjust their sprinkler? If you have already tried this, and they have not cooperated, then you may want to consider sending them a registered letter explaining the damage being done to your fence, telling them that you are going to clean it, and that you would like them to cover the cost of the clean up. If they don’t reimburse you for the clean up, you may want to look into taking them to small claims court to cover your costs.

All that said, they are your neighbors, and you have to live with them. So weigh carefully whatever action you take and what the cost will be, and I don’t mean just financial.

Recommended reading:

Neighbor Law: Fences, Trees, Boundaries and Noise

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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