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Neighbor damaging me

Question:

My upstairs neighbor has a "dud" leaking constantly onto my property.
It's ruining my pergola and brings filth into my space constantly.
He's not fixing the problem.
Can I turn off his "dud"?

 

Answer:

Hello,

Before answering you, it is important to note that, such issues should be settled in a peaceful way if possible, and not by taking the law into your own hands. Technically you may turn off his “dud”, because the water that is leaking into your property is his water, and his property is damaging you. He should really be the one to do it, but since he isn’t you may. As stated previously, you should do it, as peacefully as possible, warning him beforehand, and speaking to him about it, but if “push becomes shove”, it is permitted.

Best wishes

Sources:

רמב"ן ב"ב כ"ו

 

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