Legal Question in Civil Litigation in Indiana
Water from sump-pump being allowed to flow against my white pine trees.
My neighbor has a sump-pump under his house. The drain pipe has been placed along my fence line which has a stand of white pine trees.
Adult white pine trees cannot withstand a lot of water. Large amounts of water apparently will kill older, adult white pines. My neighbor refuses to relocate the drain pipe. He states that it his yard and he will do with it as he wishes.
Legal or illegal? What is my recourse? I have asked him two or more times to ''Please move the drain line to another location.'' He refuses.
2 Answers from Attorneys
Re: Water from sump-pump being allowed to flow against my white pine trees.
As I recall, there is little that can be done about this. Flowing water is called a common enemy. You should probably contact an attorney who does real estate law.
Re: Water from sump-pump being allowed to flow against my white pine trees.
Unless you are willing to spend a fortune on litigation over these trees, about all you can do is have a lawyer send a cease and desist letter and hope your neighbor stop. I do think that if you did go to court you would win as this is not a natural flow of water such as rain, this is caused by the sump pump.
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