DU legal experts I need some advice on how to handle a dispute with a neighbor.

[brush]

Last edited Wed Oct 10, 2018, 09:14 PM - Edit history (1)

There is a block wall separating my side yard and my neighbor's.

My side yard on that side of the house is just used for storing gardening tools. For most of its expanse it's just bare dirt. About a year ago the neighbor put in plants and drip irrigation along his side of the wall. A few weeks after that I noticed white, mineral deposits along the bottom or that wall and the dirt of my yard was now mud, ankle deep. This is in Las Vegas.

The neighbor has another home in Phoenix and is not always there so I sent him a letter with photos explaining the problem and that maybe his drip system is running too long as it is causing deep mud on my side.

When he got the letter he said all I had to do was knock on his door and talk. He said he checked his timer and his system was running fine maybe the problem was on my side. I told him no, it started when he put in the drip irrigation system. He then agreed to have his gardener adjust how long his watering went on.

I wasn't going to just knock and talk as I wanted hard evidence in case the wall was undermined and failed. Anyway, the mud seemed to dry up but maybe it was just because the summer came and summers here are blazing and the mud dried. But a few months later the mud returned and I wrote him a second letter and got the same response. Now it's happening again for the third time and if any DU legal minds have a suggestion as to what I should do, I welcome your suggestions.

I want to be on good terms with the neighbor but if the wall is compromised I want him to have to pay for damages, thus the letters I sent to him.

Thanks for any suggestions.

[Cha]

2. Good luck getting a resolution, brush.

[brush]

8. Thanks, Cha. It's always something.

[Cha]

36. Ain't that the truth, kiddo.

[Kajun Gal]

3. Take pictures!

[brush]

12. I have and sent them to him with the first letter. It's past that now.

[htuttle]

4. If it's Rand Paul, just go next door and punch him in the mouth again

He'll catch on eventually.

[Natron]

5. Face to face

Just go talk to him so you can resolve this.
No reason to pay for a lawyer.

[brush]

11. We have talked. This is the third time without it being fixed.

I need to find a way to get him to understand he has to fix the problem even if it involves digging up and re-doing his irrigation system.

[backscatter712]

59. Don't send him a letter, have your lawyer send him one.

Granted it escalates things, but this is strike 3 for him.

Usually, something on legal letterhead that tells him "Fix it, or we'll see you in court!" gets characters like that to hop to in a New York second.

[brush]

60. Thank you. It might just get to that point.

[3Hotdogs]

6. As above, keep the contact on a pleasant basis.

Meanwhile, is there a building department that regulates such things? Also is there any authority that regulates wasted water in your community?

Also, have someone (not you) take photos. Print and date them and have the photographer sign and date the back.

[brush]

10. Thank you. Photos are a good idea. Time-stamped ones maybe?

[3Hotdogs]

48. The photos need to be taken by someone else. Print them out and have them signed on the back and

notarized.

[Hortensis]

20. Chatting about this pleasantly with your local government

should elicit some good information. It's their job to inform.

[Kali]

7. ask if his water bill has gone up

plant a garden there and use his water

call utility company to look? city? is there surface water? mosquitos? call health dept.

call a landscaper and have them come look maybe dig a test hole on your side...you have some documentation now. wait to see if there is real damage.

[brush]

9. The utility company...thanks, that's a good idea.

[Hassin Bin Sober]

41. I like your thinking!

Maybe suckk the water out of the ground, filter it, and sell it as spring water.

Or plant marijuana and mail it to me.

[Kali]

44. LOL

Long time no see

[Autumn]

63. Speaking of marijuana. I harvested mine last month, got 3 and a half ounces.

Not bad for a 45 dollar investment in clones.

[Hassin Bin Sober]

70. Wow. That's a pretty good haul.

Is it any good?

I’ve never been much of a pot smoker - mainly because of the smoking thing. But I’ll take edibles once in a while.

It cracks me up that people everywhere are smoking the stinky bud. It seems every time I go in to a condo building it smells like skunk in the hallways . That has to be causing some neighbor problems all around the city.

[Autumn]

73. Yeah, great stuff. I use mine for mostly cooking edibles and making

joint pain cream. It cracks me up that I go to my medical dispensary and it's mostly us old people. We swap recipes and discuss what this strain does or what that one does. You know you can buy bags to make your own tea bags? What a time to be alive. This 70 year old woman and I are waiting in the reception area to buy our goodies and she gave me the recipe to make cannabis sugar last month. I'm going to try it.

[Hassin Bin Sober]

74. I don't know if it's still a big penalty to grow it here.

I was kind of taken aback when my attorney friend advised against growing it - I had a guy working for me who was growing and yielding a couple ounces a month.

I mentioned this to my attorney buddy and he said he wouldn’t do it due to the minimum sentencing for “manufacturing”

He usually pretty libertarian about stuff like that (his brother was killed smuggling pot) but he said growing was a no go. This was a couple years ago tho.

[Autumn]

75. Medical and recreational are legal here. Any adult is allowed to have 6 plants, 3 in flower

at any time.

[TheBlackAdder]

13. Does he have an in-ground swimming pool?

[brush]

16. He does. He did all the work...the pool and the drip system at the same time.

I see where you're going. I know he's not going to like it that his pool may be leaking. Maybe I'll suggest that he first re-do the drip irrigation system along the wall as it could be the cause. All it is is an inch-thick rubber hose with smaller hoses angling out to the individual plants. If it's not buried the Vegas sun will dry it out and it could leak. Not an expensive fix.

If that's not it it has to be his pool—big expense.

[TheBlackAdder]

27. A co-worker had a neighbor install a pool, redirecting the water run-off to his backyard.

.

He tried over and over to get the guy to remediate the situation, and the neighbor blew him off.

My co-worker went 100% passive-aggressive. He didn't start a fight with the guy, what he did was go out any buy a couple of bird feeders and position them right on the property line near the swimming pool. He loaded it with a nut & berry mix and the other one with fresh berries.

He said the birds would take the food and fly to the guys pool to dip the food to soften it. Then, when the birds took off, they shit in the pool and stained his concrete with berry-juice bird crap.

He said that within weeks, the guy came over asking him to take down the feeders. He said he would once the water run-off was corrected. The guy fixed it within a week.

.

[brush]

31. That's good. I didn't know about water run-offs for pools. How does that work?

[TheBlackAdder]

32. They live 2 blocks from the beach on Long Island. The pool was slightly raised above ground level.

.

Since it's a old beach town, the properties are not that wide, so the pool and patio area surrounding it took most of the back yard. Instead of dirt, that would perk some of the water, the pool deflected most of the water to his side of the property line, and it encroached into his backyard.

.

[Cha]

39. Wow.. ingenious!

[TeamPooka]

50. Bazinga

[Kajun Gal]

14. Judge Judy?

[brush]

19. Wish she was in Las Vegas.

[Lochloosa]

15. Are there watering restrictions? And is he breaking them?

[brush]

17. Good question. I'm calling the water department tomorrow.

[Hekate]

45. Definitely the best idea!

[WillowTree]

18. Whose property is the wall on? IOW, who owns the wall?

I would think that would be one of the first things to consider.

[brush]

23. We're in a development with walls separating neighboring lots...

so it's both our shared wall. If it is compromised by his watering undermining it, I want him to have to fix it—thus the hard evidence of the two letters I've already sent him (I have dated copies).

[WillowTree]

26. It might be "shared", but it would not be a bad idea to get a survey.

If it turns out that it's on one side or the other of the legal property line, and it likely is, that would almost certainly affect what is the best way to proceed.

[karynnj]

67. Is there a property association?

If so, they might have some standing to resolve this dispute.

[brush]

68. Yes. I will be calling them today.

[Kajun Gal]

21. Break it!

[treestar]

22. It could probably be considered trespass

as he does not have to come onto your property to be considered to be affecting it. He's clearly causing an effect. The question would be how much are the damages and proving them.

[Kajun Gal]

24. True. Don't break it.

[Jersey Devil]

25. Why is this important to you?

You said the area is just dirt and the only use you get out of it is to store garden tools. So if it gets a bit muddy, what's the difference to you? Is it worth fighting with a neighbor over an issue that really doesn't affect how you use your property?

Here's my advice to you and, yes, I am a lawyer: Get a couple of 2x6 boards and build a raised garden on your side of the wall. Plant some flowers in it and utilize the water provided by your neighbor. You won't have to worry about watering it and the water needed for your garden will be free. Plus, you won't have any mud.

[brush]

28. It's pretty long wall. About a third of it already has a plant bed with...

plants and gravel covering bordered by decorative blocks. I would have to go to some expense to match that because of something my neighbor has caused.

I'll have to think about that. But first I'm calling the water dept. as another poster suggested. What do you think?

[Kajun Gal]

30. Call water dept!

[Jersey Devil]

33. I have always advised clients to avoid neighbor disputes

It seems no one ever wins them and they just escalate to the point where neighbors start doing really nasty things to spite each other. You don't say what kind of wall it is, but I am guessing either cinder block, brick or some other porous material, thus the white deposits caused by water (efflorescense, basically salt deposits). That's why I suggested a raised garden, which would hide the efflorescense at the bottom of the wall and take care of the mud problem as long as the top of your soil on your side is higher than the top of the soil on your neighbor's side. Gravity solves the problem because water does not run uphill.

As far a spending some money to make it match the rest of your garden, think of it this way: Is it a better investment to build a garden and solve the problem or would you rather throw your money at lawyers and spend time in court and or before agencies in which you probably won't be fully satisfied with the results? Add in the aggravation factor.

[brush]

37. Something to think about as I don't want an on-going problem with the neighbor.

[Kajun Gal]

29. Neighbors can be problems when they mess up your yard. And the people have rights.

They shouldn't have to build a garden if they choose not to. The neighbor who is ruining their yard should adjust THEIR drainage.

[Jersey Devil]

38. Just speaking from experience - neighbor disputes usually do not end happily

I have seen a neighbor bring his next door neighbor to court because the neighbor's son like to play basketball and the sound of the ball being bounced ("dunga, dunga, dunga&quot annoyed his neighbor.

It is much more practical to spend a few bucks making a garden than to stand on principle and spend money on legal fees and risk a running feud with a neighbor that could eventually rival the Hatfields vs. the McCoys.

[Hekate]

46. It must still rain in New Jersey. West of the Rockies, not so much. A lot of us live with ...

...stringent water-use restrictions, and what the OP describes is abnormal, and so somewhat concerning.

I myself might be inclined to do some light planting along there and take advantage of the "free" water, as in past years I have noticed that plants along my fences tend to do pretty well off my neighbors' sprinkler systems.

[Kajun Gal]

34. Our immediate neighbors are weekenders. Their camp nxt to us. Hedges along fence

line where we park. Trees growing into our home. OUR lawyer wrote a letter to them telling them to cut and trim THEIR hedges/trees that hang over property line. They did but never kept it up. So will spray weed killer and trim anything that hangs over their fence onto our property. We have that right. If a neighbor does something that ruins YOUR property you have the right to sue (in your case) and/or do whatever helps as long as it is done on YOUR property. And a good lawyer would tell you that!

[ProudLib72]

35. Is there an HOA? If so, get them to deal with it

I want to know how deep that wall goes and what sort of footing it's on. It sounds dangerous to me. And, yes, I've built plenty of retaining walls (not a lawyer, though I play one on TV).

[brush]

40. The HOA. Of course. I will call them tomorrow.

[TomSlick]

42. One thing I've learned in thirty-odd years practicing law,

is that's almost always better to avoid legal action if possible.

Call the water utility, the HOA association - all well and good. Failing that, plant a garden where the neighbor is watering.

[COLGATE4]

49. Years ago I heard this advice. It has always served me

(and my clients) well: "Better a bad agreement than a good lawsuit".

[MaryMagdaline]

43. Not a Nevada lawyer

This may be considered a continuing trespass, ie water coming into your property. If you have mud you have water. You might be able to get an injunction to stop the flow of water.

Our county has neighborhood mediation similar to family court. You may want to call the local courthouse to see if there are mediation services for neighbors, or whether you have to file an injunction.

If your local courthouse doesn’t have forms, you will need to hire a lawyer.

Someone mentioned HOA. If this is an HOA Violation the board may send a cease and desist letter advising your neighbor of the violation and telling him to correct it.

You are right to send letters. These things can escalate.

[Hekate]

47. Oh dear, my first thought reading your title was "Install a door buzzard." More thoughtful answer...

...ensued afterward, honest.

[TygrBright]

51. ::snork:: You wicked, girl... n/t

[BruceWane]

52. Talk to your neighbor!

Gosh, just talk to your neighbor.

First of all, unless your sending certified mail, your letters aren't evidence.

Second, all the evidence is already there should the wall collapse. There's a clear source of excess water, and it's on one side of the wall, and it's not on your side.

Talk to your neighbor. I doubt they want to cause a problem, and I doubt they want to pay for rebuilding a wall. At best/worst, even if there was no proof of the cause, they'd be paying half, and I'm sure they'd rather pay $0 and be a good neighbor.

I'd bet that they have the drip line installed as just a single straight run along the bed. They're over-watering because they're trying to cover more area than that will efficiently do. Kinda like dumping a bucket of water in a single spot - it's not going to get to ll the edges, corners, etc., unles you dump a -lot- of buckets on that one spot. They probably need more lines to distribute more evenly over the area of the bed. Either that or re-do the single line so it's a zig-zag pattern covering more of the area.

[pnwmom]

53. You could call your city's building department and see if they have any advice.

If there is a retaining wall at risk, this might be a subject of concern to them. Good luck!

[hunter]

54. It's free water for YOUR garden. Why complain?

Put some plant there that thrives in it.

If the wall disintegrates in water, it's time to sue the developer, not your neighbor. Walls shouldn't do that.

Nothing good will come of bringing the law into a dispute with a neighbor such as this.

[Blue_true]

76. That is what I think.

Plant some water loving plants in the area. Preferably water loving fruit bearing plants.

Sounds like potential win win to me.

[Mosby]

55. First thing I would do is look over the fence

When the system is running. Look for water streams or puddles. It sounds like he has a drip leak, the emitter heads can break or pop off altogether if the pressure is too high. If he is using sprinklers they can leak badly while running and still work. Lastly he could have a valve that is slightly leaking, the water moves to the lowest point in the sprinkler or drip system and "leaks" from there, I just replaced a valve myself last week, the ground around the sprinkler was really saturated.

If he has a constant leak (like from a valve) you should pay attention to mosquitoes. If you have been noticing them call vector control. They will check it out and insist to your neighbor that the standing water or whatever needs to be removed.

[brush]

65. Thanks. Good suggestions.

[Olafjoy]

56. Have you had a conference with his gardeners?

I live in AZ also the land of drip irrigation. I work in the yard a lot. If there is mud, there is a leak in the line. We had a similar problem with our neighbor, white deposits and all. I brought the head guy on their gardening crew over to my yard and showed him the wall. I told him he needed to fix his irrigation line. I was very nice. He dug up the area, found the leak in the line, and fixed it. The lines get leaks all the time. The intense heat is hard on them and there are lots of thirsty burrowing critters in the desert. Drip irrigation, if it is working right, should not be putting out enough water to make mud.

[brush]

72. I think you've zeroed in on the problem. It's most likely his drip system.

I have sent him letters and talked to him about it but he he basically played it off by saying it must be on my side.

I will be taking it to the HOA and see what they suggest.

[NeverTrumpDemocrat]

57. You're in Las Vegas, and you're complaining about water seeping over from your neighbor?

Stop looking a gift horse in the mouth and plant some grass, flowers, fruits or vegetables to take advantage.

Think about what you sound like: "Oooh! I live in the desert, and my neighbor is spraying enough water to turn my yard into mud!"

[brush]

62. Guess you have to be here to see the situation.

The other side of the house has the backyard access gate and is finished with plant beds, vines, trees, gravel covering and brick borders, as is the backyard. The side yard in dispute is where the AC units are as well as storage for gardening tools. No one has any reason to go there but for that.

It was perfectly fine functioning as that until my AC maintenance guy had to work there and found himself ankle deep in mud. Creating a flower bed there is still not solving the problem of the wall being possibly weakened and maybe falling over at some point.

I'm thinking of that and who will be responsible for fixing it if that happens. At the suggestion of another poster I will be calling my HOA and the water department today to see what they have to say about it.

[PoindexterOglethorpe]

58. Oh, dear. I know I can't offer anything useful, other than

perhaps planting rice.

Having done serious back yard remodeling and installing a drip system for my own plants, I get it. Sort of. My neighbors haven't come back to me complaining about excess water, and I realize now that I should be grateful. Although, were my water leaking into their back yard, I should probably be VERY concerned with my own water bill.

All I can offer is sympathy and hope you get this resolved.

I have never had a serious neighbor dispute, just times when I've wished they'd behave differently, which is not at all the same thing.

[Dyedinthewoolliberal]

61. Try what the neighbor suggested first

go talk to him face to face and bring him over and show him.

[brush]

64. Done that already. He said he checked his system and it must be on my side.

The situation with the mud only happened after he put in his irrigation system and pool. He of course doesn't want to deal with having to dig up and fix his drip irrigation system, or the very expensive possibility that his pool may be the cause of the leak.

I don't want bad relations with my neighbor but I do want the water coming under the or through the porous block wall fixed as the wall will eventually fail.

I will be calling my HOA and the water dept. today thanks to suggestions by other poster. Wish me luck.

[Corgigal]

66. Ask a landscaper

to come out and ask about installing a French drain. Or they might have other ideas. If you consider that option and pay for it, then take him to the court for the cost. Or apply it against his homeowners, if possible.

Need a professional opinion first.

[Blue_true]

77. French drains are not that expensive to install.

And the excess water can be diverted to use at other places. I really like the idea of planting water loving fruit bearing plants in the area.

My brother has started growing pineapples at his farm here in Florida. So anything is possible.

[MineralMan]

69. It's also possible that there's an underground leak in the

plumbing for his drip system, prior to the valve. Also, untreated typical concrete block walls are not actually waterproof. Water will seep through. That would account for the mineral deposits. Water could also be coming up from under the wall's footing and soaking your soil.

It's interesting that a pool was also installed. There could be leaks in the underground pool plumbing. That's not uncommon, and water can travel quite a distance in the soil where you are.

Anyhow, it sound like more investigation will be needed. The HOA would be a good organization to insist on that investigation.

[brush]

71. Yes. It's either the drip system or the pool. I will start with the HOA...

since speaking with him and sending letters hasn't fixed it. I'm worried about the wall eventually failing. Water can do a lot of damage over time.