Legal Question in Civil Litigation in New York

Re: Neighbors Septic system runoff into our property

First, does your neighbor know about this? If not, write a letter (with a copy for you) and let them know. Ask them to let their insurance company know also (because you would rather have their insurance do the "work'.

Next, is there damage to your property currently? That must first be addressed. You can contact your homeowner's insurance and make a claim, but then only if you know that there is damage/injury to your property (or will be by the time it thaws).

There are other issues at play, but hopefully your neighbor will take care of them, either with his installer or insurance company.

Call me with any questions at 845-878-2163.

Good Luck

RRG

Re: Neighbors Septic system runoff into our property

This is a toxic spill that, of course, should be resolved by the person who caused it. The draining of sewage onto your property is called a trespass and you can be compensated for this. You can be compensated for the efforts to protect your own property, but your neighbors must be placed on notice of all of the hazardous conditions created by the problem. You can also be compensated for any long-term impact on the value of your home. You will need to retain the services of an engineer to determine if the driveway is being undermined and what steps would be necessary to prevent any damage, all of which should be paid for by your neighbor. Your neighbor probably has insurance that will cover them for this type of event. Because this matter involves a neighbor, proper approaches should be taken to avoid animosity in the future.

Our firm handles such matters and you can call our office to arrange for an appointment at (212) 267-7000