Q & A Table of Contents
She’s Softening Her Water And Killing My Plants
From: John, Dixon, California
Question: Our neighbor added on to her house, and moved her
water softener from approx 20 feet away, to 6 feet from our
fence. About a year ago, I looked out and noticed 3 of my
plants along that fence were dead or dying. After a few
weeks, all the plants for about 40 feet down the fence were
dead or turning brown. I looked for an answer, and peeked
over the fence - her water softener drain hose was lying on
the cement by our fence, draining off the edge.
She bought & replaced 3 of the plants, but didn't do anything
to the soil, and now of course - they're dying too. She says
it's because of over watering, but I took soil samples into a
lab for analysis (I've informed her of this last week;
otherwise, I don't think she would've said anything), and
while it's possible she's right, the last time we tested the
soil, it was at 9,000 PPM. I doubt it has changed much since
that time.
I'd like her to contact her home owner's insurance with the
matter, but she refuses. I don't want to sue, I don't want
any money, period - I just want my plants back, and - if they
can't grow in the now-contaminated soil... I'd like to hire a
landscape architect to fashion a suitable replacement. She's
outraged I would consider this. Am I being unreasonable? I
put my backyard in once - I don't want to keep doing it over
& over.
Response: Before initiating further discussions with your
neighbor you should do some research about the legal issues
involved. Many communities have what are called setback
requirements — where if someone wants to undertake any
construction within a certain distance from their property
line, they have to get permission from abutting neighbors.
Unless you gave permission for your neighbor’s addition to
her house — and the installation of the water softener — she
may have contravened local regulations.
Similarly, if it can be demonstrated that effluent from her
water softener has been invading your property, that might be
treated legally as a form of trespass.
If you have a legal basis for challenging her actions, both
prior and continuing, that has a significant impact on your
BATNA (Best Alternative To a Negotiated Agreement). If the
law is on her side, or if you give greater priority to
peaceful coexistence than to protecting your property, that
means your BATNA is different. One question that you should
address in your research process is whether the effluent that
has been killing your plants could be harmful to your
family’s health, to pets, etc. What is the impact of her
pollution of your property on the potential sales value of
your property? Could you be required to dig out all the
contaminated soil before the property can be sold?
There are multiple stakeholders in the situation you
describe: your plants, your family, other neighbors who might
be affected by the run-off through your property (or from
your next-door neighbor’s property), guests, potential buyers
— and perhaps more. You need to consider whose interests you
are representing as you figure out what steps to take.
Take a look as well at what kinds of remedies are possible:
get the water softener moved, have your neighbor build a
means for containing her water softener’s run-off within her
property, get her to dig up and replace your contaminated
soil as well as the suffering plants, and whatever other
potential remedies may come to the mind of environmental
engineers, health inspectors, or other experts from whom you
can get advice.
While this all may sound as if you are preparing to do
battle, the reality is that unless you do your homework and
understand the consequences of possible outcomes, you are not
going to be able to work towards a peaceful, mutually
acceptable solution. Unless you understand how far you can
go, you are limited in your negotiation strategy.
As things stand according to your description, you and your
property have been harmed in a demonstrable way — repeatedly.
Unless your neighbor is some kind of ogre, I cannot imagine
she intended to do you harm by her actions. Ask her
questions about her intentions rather than presenting her
with specific demands. She may not recognize the
consequences of her actions. What if you made a claim to
your insurance company for damage to your property? They
would more than likely conclude that she or her insurance
should foot the bill for remedying the situation.
Consider what you have to gain or lose by continuing to
pursue your rights. What is the worst thing that can happen
to you if she gets upset if you raise the issue again?
Factor in those possibilities and I am sure you’ll act
appropriately.
Good luck,
Steve
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