Water damange

[NinaP]

Rochester, New York

My neighbors have been dumping their driveway snow over the fence into my property for over 15 years. I have asked them many times to please stop because water has been filtering inside into my basement walls. I witnessed them do it again to day. DO I really have to move? I contacted the city of Rochester for assistance but there is nothing they can do. They advise I take civil action against them. I have photos and video proof. Please help any suggestion is welcome. Thanks in advance!

 

[Just Blue]

Rochester, New York

My neighbors have been dumping their driveway snow over the fence into my property for over 15 years. I have asked them many times to please stop because water has been filtering inside into my basement walls. I witnessed them do it again to day. DO I really have to move? I contacted the city of Rochester for assistance but there is nothing they can do. They advise I take civil action against them. I have photos and video proof. Please help any suggestion is welcome. Thanks in advance!

People are so rudely ignorant.

You could put up a fence that is too high for them to get the snow over.

If you have proof that it was the snow that they placed on your property is causing damage, you could file a law suit. The problem is you would have a hard time proving that it was their snow that caused the issue.

You could shovel their snow back on their property...although that will likely cause a uncivilized interaction which could possibly lead to police involvement.

Personally I would build a high fence.

 

[adjusterjack]

Personally I would build a high fence.

Unfortunately, there may be code restrictions on how high the fence could be.

Please help any suggestion is welcome.

Private nuisance lawsuit and seek an injunction against the behavior. It would help if you installed a camera and got video, though photos of them in the act could suffice.

The elements of private nuisance are:

1. An interference substantial in nature,
2. intentional in origin,
3. unreasonable in character,
4. with a person’s property right to use and enjoy land,
5. caused by another’s conduct in acting or failure to act.

And if not entirely private nuisance you also have the intentional tort of vandalism.

 

[quincy]

Although the suggestions made already are good ones, I suggest you start by sending your neighbors a formal letter (certified mail, return receipt requested) detailing the problems you are having with their snow dumping (basement leaks) and advising them that they need to find an alternative method for removing the snow or you may be forced to consider legal action. A letter like this could also be sent by an attorney, to make your neighbors aware that you are already seeking legal recourse.

The letter should be civil, even friendly if possible, but it gives your neighbors notice. And that might be all it takes.

 

[zddoodah]

No.

 

[quincy]

No.

That is one of your better posts even though it doesn’t seem to address anything.

 

[Just Blue]

That is one of your better posts even though it doesn’t seem to address anything.

It, correctly, addresses the sole question in the opening post.

 

[quincy]

It, correctly, addresses the sole question in the opening post.

Ahh! “DO I really have to move?” You’re right. It is a perfect answer to that question.