Legal Question in Civil Litigation in Maryland

Legal Recourse

I live in a townhouse and repeatedly my neighbor's washer floods my basement causing damage.I've sent a letter asking them to fix the problem.Two months ago I had to replace the carpet and my insurance company charged his insurance.Two days ago his washer flooded my base ment again.What else can I legally do?Is he breaking some law?


Asked on 12/16/00, 9:51 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Legal Recourse

Your problem presents a case in what we call the law of nuisance. This doctrine says that if one property owner engages in an activity or fails to maintain his property to the detriment of other adjacent or nearby property owners, he can be required to correct the problem and to pay damages to the injured neighbors.

Unfortunately, this would require you to take him to court--obviously a costly proposition. If you try to resolve it informally (which I assume you already have) and he refuses, you may be in a position to collect your legal fees. If he has insurance to cover this, perhaps you can persuade them to send in a repairman or contractor to determine the source of the problem and correct it to put an end to this, in lieu of court action.

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Answered on 12/26/00, 4:58 pm


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