Legal Question in Real Estate Law in Maryland

My neighbors in the back out our proptery, recently planted new grass to replace a large tree they had removed and are watering it so much using sprinklers that the water goes both over the fence and under the fence flooding our backyard. It has killed the new trees I planted and caused much of our backyard to erode (and this has only been going on for 3 months). We have gone over several times trying to explain the problem, the owner was horrible to us calling us names and threating us. Since then he has increased the lawn watering. It is so bad at times it actually goes through our backyard and down our driveway creating a puddle in the street. We have tried calling the police, they refuse to come out and told us to call code enforcement. Code enforcement says there is nothing they can do and will not come out and investigate the problem. We have pictures.

Is there anything we can do? Can I take them to small claims court?


Asked on 4/26/12, 7:24 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You may have the basis for a suit called a nuisance action, the theory of which is that the activities of a property owner that adversely affect adjacent owners is subject to legal action. Before going to court I suggest you consult with an attorney with experience in this area of the law and perhaps have the attorney write a letter to the neighbor to see if an out of court solution is possible.

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Answered on 4/27/12, 6:52 am


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