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New homeowner desperate after neighbor's actions create 'health hazard': 'Surely this isn't legal?'

It'll be interesting to see where this dispute ends up.

It'll be interesting to see where this dispute ends up.

Photo Credit: Reddit

It's not always easy to judge what constitutes illegality with a few pics and a statement, but a post in the r/HomeMaintenance subreddit certainly indicates potential.

"Surely, this isn't legal?" the OP asked, referencing the neighbor's drain pipe, pointing at the OP's property.

It'll be interesting to see where this dispute ends up.
Photo Credit: Reddit
It'll be interesting to see where this dispute ends up.
Photo Credit: Reddit

A good fence feud or driveway duel isn't exactly uncommon these days, but when a neighbor is dumping gray water onto your property, that's when things cross the murky waters of legal liability.

Judging from the pipe and the presence of a "swale" (a shallow, trough-like depression in the landscape designed for managing water runoff), everything appears to be in order, despite the complaint.

However, the OP also mentioned the neighbor tying the drain pipe to their outdoor sink, which potentially changes the paradigm altogether. It depends on the state, local ordinances, and the HOA, if applicable.

Some states label sink water as gray water, while others, such as California, label it "dark" gray water or black water, due to food scraps, grease, and other organic, potentially harmful substances.

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It'll be interesting to see where this dispute ends up. Regardless, hostile neighbor disagreements are rarely good for anybody, often generating a permanent aura of discomfort between the homes and adjacent neighbors.

This one comes with a dose of environmental threat, as dumping gray water into a natural or artificial drainage swale is hazardous. It can also defeat the purpose of the swale altogether, depending on how chemicals in the gray water affect waterlogging and soil degradation.

So, the OP might not have anything solid to stand on regarding the drainage system itself, but the gray water possibly alters the legal dynamics.

Environmental dangers and impacts are often a source of neighbor conflicts, and it's best to peacefully communicate with the neighbor as much as possible. However, if there can be no reconciliation, especially if there is an environmental hazard, legal recourse is the next choice.

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As is the case with most legal matters and questions on Reddit, the answers vary, with most leaning towards pursuing legal action, to one degree or another.

One response pointed to contacting the city as a solution: "Yes, contact the city and health department. Sinks should not just drain onto the ground."

Another stated the obvious and most important aspect: "That's a health hazard. They will have to fix it. Don't let kids or pets near wastewater, nasty infection lurking."

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