[DianeM]

Originally Posted by Jazuela

If you lose the lawsuit, will you still refuse to fix it? Again I agree that this sounds like something that will ultimately need to end up in court. I totally get that and agree with it.

But taking someone to court doesn't always mean winning the lawsuit.

If you lose, you pay the court costs, and their court costs, and you still have damage to your property, and the leak that caused the damage still isn't fixed. But now, you know that your neighbor won't have to pay to fix it.

You have to be prepared to lose, if you plan on taking someone to court. This isn't to say that you'll lose. But you have to plan for the possibility. To do otherwise is short-sighted.

Fighting to prove you're right rarely ends up well.

Well then the property can just rot because hell will freeze before I will fix.