Water Damage From Next Door Neighbor

[Johana Villamil]

Hello big pocket family!

I need some advice on a situation. So I have a property I am currently rehabbing. I did some foundation work so the skirting is still not on yet. I have a neighbor right next-door to me whose house is in pretty bad shape. They have a water leak and it’s been about 2 weeks. it’s going directly underneath my house to the point that it looks like a lake under my house. It has caused my foundation to shift and my doors are no longer aligned. I don’t want to continue anymore work until this problem stops. Mind you this is the second time this has happened. The neighbor is not cooperative. I did call code Enforcement and they will be going there today or early tomorrow morning. What should be my next step? I want to sue these neighbors so bad but will that help my situation in time? I do have a builders risk policy. I spoke with a lawyer that works with Insurance and said that they can open up a claim for me and I don’t have to pay anything upfront. Has anyone ever been in this situation? I would love some guidance and opinions. Thanks!

[Andrew Syrios]

I would also consider trying to find a way to divert the water coming into your house. It's worth a little money to prevent damage if they're being uncooperative. And if their house is vacant, you can probably get the city/water company to turn off the water to the property.

But I definitely think it's time to send a demand letter. Maybe just say you will pursue legal action if the situation isn't immediately addressed. If they don't you should have an attorney send a demand letter (these usually aren't too expensive, especially if you write the draft and then the attorney edits it to make sure its in compliance and something they are willing to send, as some let you do). Hopefully it doesn't lead to a lawsuit as those rarely work out for anyone.