[WSBARP] Neighbor's sprinkler water damaging adjoining property owner's home

[Jeff Davis]

Listmates, 

 

PC's home is located below a neighbor who maintains a very lush garden.  The
neighbor laid plastic as a ground cover, cutting slits in it to plant
flowers and other bushes.  They also installed sprinklers and drip lines.
Water from the sprinklers flows over the plastic with much of it running
down hill under PC's deck and its foundation causing problems.  I know about
the common-enemy doctrine but that involves the upstream property owner
changing the course of natural water from rain, snow runoff, etc.  Here we
have an artificially created situation.  What is a property owner's duty to
use their property so not to injure a neighbor?  Is this a nuisance, waste,
or even trespass issue?  Your insight would be helpful.

 

Jeff Davis 

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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