You have various options to deal with you neighbor. In Colorado, the situation you described with your neighbor's sprinkler system could potentially be addressed as a trespass, particularly if the water intrusion is causing damage to your property. Trespass in this context refers to the direct interference or encroachment by one party onto another's property, which in your case is the water from your neighbor's sprinkler system entering your property and damaging your air conditioning unit.

Colorado law recognizes that directing water onto another's property can constitute a trespass, especially if it results in damage. For example, the court held that directing stormwater onto an adjacent landowner's property constituted a continuing trespass when the water did harm. Duran v. Cobb, 2014 Colo. Dist. LEXIS 2968. Although your situation involves sprinkler water rather than stormwater, the principle that unwanted and damaging intrusion of water onto your property could be considered similarly.

So, you may have grounds to seek a legal remedy through the courts to prevent further damage and potentially recover for the damage already caused to your air conditioning unit. You should document the damage and any communications with your neighbor as these could support your case should you pursue legal action.

In summary, you can continue to deal with your neighbor yourself, try to get your HOA involved if you are in an HOA community, or speak with an attorney. The attorney could write a demand letter which may be all that is needed to stop further damage. Finally, if all else fails you could file a lawsuit.

Please call us at (303) 688-0944 if you would like to discuss your options. For more information, read our article on civil trespass and neighbor disputes for more information.