neighbor unwilling to fix broken lawn sprinkle system

[stevenlaw]

What is the name of your state (only U.S. law)? California

I am currently having a broken lawn sprinkle issue with my neighbor and she is so unwilling to resolve the issue personally between me and her.
She has a broken lawn sprinkle system that automatically turned on every other day to water her lawn. Her sprinkle has a substantial leaking every time it was turned on. So the leakage water will drain to my concrete side yard resided between her and my properties.

So every other day, it will leave a big pool of water the size about 2 feet by 10 feet long on my side yard. And I have a 3 years old daughter running around outside the house so often that I afraid she may slip and injure herself. So I have to sweep the water away to prevent injury to her every time she wants to go outside play.
The water also seeks underneath my outdoor storage room and I can see it will damage my storage room in long term. It also annoys me every time I go to my side yard and it is wet.

I've talked to her a few times and showed her the problem, but she was so unwilling to resolve the issue by giving me the same reasons again and again that she currently does not has the money to fix the sprinkle and it is very normal that water flow to lower level to my side yard just by common physic. I advised her to turn off her sprinkle then, but she said she cannot do that because that will kill her lawn especially in the summer season.

Is there a legal way that I can persue to have her turn off or fix her sprinkle system?

 

[tranquility]

Since the water runoff is not from a naturally-occurring source, I'd claim trespassing and/or nuisance. Use both causes of action in the lawsuit.

 

[xylene]

Her runoff is damaging your property.

It is not simple physics. It is her system is failing.

Tell her simple economics - if she can't afford to fix it then how the heck can she afford to waste thousands of gallons of water.

If she still won't listen to reason, hire a lawyer and get them to insist she repair or you will take her tto court for the extensive repairs to your property - and then do so...

 

[FarmerJ]

start with your own city hall to learn if it has ords that address man made changes to property that cause water to flow to another persons property , tell them about the broken sprinkler system, its possible your city already has ords that can apply to this and the city can send to the neighbor a letter ordering it to be corrected.

 

[tranquility]

start with your own city hall to learn if it has ords that address man made changes to property that cause water to flow to another persons property , tell them about the broken sprinkler system, its possible your city already has ords that can apply to this and the city can send to the neighbor a letter ordering it to be corrected.

I don't think so. The relevance of changes to property to cause water to flow from it's natural path is for runoff from natural sources. (Like rain.) Here is little different than if the neighbor took a hose and started spraying it onto the OP's property. It is "intentional" by the legal meaning of the word in relationship to trespassing. Because it is happening over time and is preventing the OP from the enjoyment of his property, maybe a nuisance too.

 

[aldaron]

OP alot of sprinkler issues are minor in cost to fix ie. just a sprinkler head or cracked plastic pipe. For the cost of a lawsuit maybe its cheaper just to be a good samaritan and see about you offering to fix it. Just an idea to keep peace in the hood.

 

[csi7]

You can put up a solid barrier to keep the water from coming over into your property as well.
I would take pictures of what it looks like prior to her watering her lawn, when she is watering the lawn, and after the lawn is watered.
I would not fix the sprinkler head.