my neighbor is running his sump pumps on my property can i legelystop
thedrainage on our property we live in the state of iowa

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Request for Question Clarification by digsalot-ga on 27 May 2004 18:45 PDT

Are the pumps on your property, draining your property without your
consent -  or are the pumps on the neighbors property and the drainage
being dumped on to yours?

Digs

Your question is not clear. 1 Your neighbor has placed sump pumps on
your property; Where is the water going and why? 2 the sump pumps are
removing water from your neighbors property and the water is running
onto your property. What harm is this causing you? If EPA considers
this wet land the pumping may be ilegal.   Neil

the neighbor is running sump pumps from his basement, to a tube
stopping 3inches from property line so all water draines on me we have
a wet muddy area now we cant use or mow

If I was in your situation, I would definately check with the local council.

You will have to wait for someone else to give an answer relevant to
Iowa, and specifically about pumped water, But in my country (in
Europe) it is illegal to allow surface water runoff onto neighbouring
property or onto a public road.

Also, following are extracts from:
http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/4C4605AD-11BF-4D80-8BE7723C057BEC06/catID/D0B308BB-D553-438E-94E8D66498A911D7

"Judges have wrestled with these questions for hundreds of years. In
1886, a court decided that although building a house was reasonable,
installing a roof without gutters, which caused a neighbor to flood,
was not. Gutters and downspouts that send rainwater gushing onto a
neighbor's property are also unreasonable alterations to natural
flow."

"For example, a man in Vermont built a road and two culverts on his
land that resulted in flooding the property next door. When the
neighbor complained, he built a third culvert that made the flooding
worse. He was also verbally abusive to the neighbor. When she sued,
the court not only compensated her for her damage, but also ordered
the neighbor to stop the water diversion and to pay extra money to her
as punishment for malice."