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Easement at end of front yard

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carolw226@insig

Junior Member
What is the name of your state? Indiana
At the end of my front yard is a concrete ditch. It carries the water down the road when it rains and keeps the yard from flooding. I have lived here several years and have always swept my leaves into this ditch in the fall and then the city picks them up. My next door neighbor who is neighbor number three since I have lived here has decided that having these leaves in the ditch makes the water flood his driveway, he lives downhill right next to a creek. We talked to the city and i agreed last fall to not put them there anymore. Ever since then he has taken the liberty and freedom to go into this ditch every time I mow my yard and sweep any grass that comes off my mower with all the debri as well, and sweep it all into my yard. He has even dug on the other side of the driveway in hopes that my yard will flood instead of his when the water can't move to his yard and it has worked. My driveway floods now every time we get a downpour of rain. Does he have the right to do this? He takes his lawnmower and mows through the ditch everytime I mow my yard and throws it all back into my yard. If he is home when I mow my yard he does thie while I am mowing my yard. I feel like my personal space has been violated. Any ideas?
 


ian_m

Junior Member
Am I reading something wrong? It sounds like your property with an easement for the city which he is trespassing on. If he takes issue with the ditch, he should take it to the city for them to investigate.
 

justalayman

Senior Member
you do not have the right to take an action that causes him damage and conversely, he does not have the right to take an action that causes you damage.


You would each be liable to the other for the damages you have caused.
 

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