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My neighbor's unit is leaking into mine, and he won't do much about it. What legal action should I be taking?

Philadelphia, PA |

I live in a Condo building, where I am on the first floor, and there is one unit above me. The upstairs unit has been leaking into my storage unit for about a year (on and off). It is leaking directly into my brand new hot water heater as well. He refuses to call a plumber, and insists on trying to fix it himself, which doesn't seem to resolve the issue. I believe this is very careless, and since I'm looking to sell my house soon, I n eed to have this resolved.

I should add - that this truly is my fiance's property not mine, and he currently doesn't have homeowner's insurance on the property, nor does the neighbor. So, filing an insurance claim at this point is not an option. (Otherwise, we would have already gone down this route)

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Filed under: Neighbor law
Attorney answers 1


Is the water passing through a common element before reaching your fiancee's apartment? If so get the association involved. This kind of problem should be worked out between neighbors. You can file an action asking the court to enjoin him from allowing his water to flow to you.

DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600

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