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

[Gregory L. Ursich]

I would say nuisance.  Not a trespass, because the water is all that is entering.  Possibly a waste claim. Negligence?

[cid:image003.jpg at 01D6A6F3.4C75CA60]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Tuesday, October 20, 2020 3:05 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Neighbor's sprinkler water damaging adjoining property owner's home

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
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