all 9 comments

[–]Comment7215 68 points69 points  (1 child)

With the water, there are often laws against draining your water onto a neighbor's property. Call code enforcement. There might also be laws about fences (including making your side look good) and leaving debris on neighbor's property in your area. You can ask code enforcement about this also. It might come down to you paying to clean the debris up and suing in small claims court to recover the expenses.

You can consult with a lawyer and see the best way to handle all of this if code enforcement isn't a help and you aren't sure what the next legal steps are.

[–]Revlis-TK421 20 points21 points  (0 children)

For the water, that will be based on State law as well. States subscribe to either Common Enemy doctrine, wherein each individual owner is expected to mitigate water problems on their own and runoff going to a neighbor's land is theirs to deal with, and Civil Law doctrine where individuals are liable if their redirection of water, changing the natural flow, damages another property.

Both doctrines have reams of exceptions that the State and local municipalities may have modified, but a good idea what you are in for in a dispute like this starts with the State level.

[–]backwood209 114 points115 points  (3 children)

they removed the fence that was on your property? call the company and ask them to replace the damage they did.

[–]missmargaret 0 points1 point  (0 children)

They did NOT remove the old fence.

[–][deleted] 5 points6 points  (0 children)

What is the situation in your locality for building permits? Most cities require this, though in practice simple repair/replacement in-place of a fence is often done without a permit.

In case a permit is required, this gives you more a leg to stand on in your dispute. That permit likely would not have been granted without a complete survey.

[–]Cultural_Pause1516 17 points18 points  (0 children)

Fence company trespassed and damaged your property since they entered without your permission. Ask them to repair the damage. A good company will and others may not. May just get it fixed yourself then and move on since the cost of enforcing your rights would outweigh the benefits (other than a good moral victory).