Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
Q: I live next to a building that has two feet of plants and grass next to the property line. Their sprinklers are directed to my property instead of the other way around. Over the years, the water has damaged my garage and an adjacent room. They are constantly flooded to the point of sinking. Can I sue the owner for the damage? — Helga
A: Yes, you probably can.
The law requires every property owner to use their property in a way that does not cause unreasonable harm to others. While your neighbor has every right to water their landscaping, that right ends when their actions damage your property.
If their sprinklers have been directing water onto your land for years, and that has caused flooding and structural damage, you may have a valid claim.
The most likely legal theories would be negligence, private nuisance, or trespass.
In simple terms, your neighbor has a duty to maintain their property in a reasonable way, and failing to correct a situation that repeatedly floods your property would likely be seen as unreasonable.
Start by gathering evidence. Write down everything you can remember about the situation and keep this journal current as the issue progresses. Take photographs and videos that clearly show how the sprinklers are positioned, when they run, and how the water accumulates on your side. Try to document the resulting damage over time.
You may also want to hire a contractor or engineer to evaluate the cause and the cost of repairs.
Having this information will help prove your case if you end up in court.
If you have not already done so, you should send your neighbor a polite but firm letter explaining the issue, showing the evidence, and asking them to redirect their sprinklers and pay for the necessary repairs.
Many of these disputes can be resolved without a lawsuit once the neighbor understands the extent of the damage.
If that does not work, you should consult with an experienced attorney about filing a lawsuit.
The evidence you gathered, along with your documentation and notes, will help determine the best way to pursue your claims.
Also, check your homeowner’s insurance policy. It may cover some or all of the repairs, and it could determine whether you end up suing your neighbor or your insurance company does it for you.
