An adjacent lot is draining water on to my property. Is my neighbor responsible for correcting the situation?
Question:The adjacent lot was recently cleared and a was home built on it. Now my new neighbor's sprinkler system and rain run-off drain through my yard creating large, standing puddles. Is my neighbor responsible for correcting the situation so that his run-off no longer drains through my yard?
Answers:
Contrary to the other advice given, the answer is not that simple. It depends on the statutes in your specific location. If the water is not being "directed" at your property by drain lines or landscaping (like ditches, walls, etc.), then your neighbor may not be liable at all. Natural drainage (i.e. "undirected"), even when due to new construction, is not considered to be a liablility issue in many places.
I faced the same issue from a neighbor dumping his yard clippings into a drainage ditch and obstructing the waterflow, causing it to overflow onto another lot and then drain down onto my own. Since the drainage ditch was on the property of the person dumping into it, any water coming onto my property was viewed as drainage from the lot between ours and I could not seek any recourse for the foundation damage to my house. (Interestingly, the owner of the lot in betweeen COULD have sought damages if there had been any to his property. But because the water wasn't "directed" onto my property, the law didn't apply to me.)
WIFE: Honey, you should call city hall and have them look into the matter..."
HUSBAND: "Don't worry dear, I'll get on FindHomeAnswers and get some REAL legal advise."
yes
Since the water did not drain onto your property before the home was built you do have a case if you wish to bring it up. However unless the water is making the yard unusable you may want to not complain. Your new neighbor is watering your lawn for you.
Yes, they are. Have a talk with them, or go to the city/county officials. By the way, here in LA this last fall, a water pipe busted on this guy's hillside sprinkler system and it caused a small mudslide that ended up filling up a neighbor's swimming pool, and covering a private road to the neighborhood. The home owner was liable for all repairs to both his neighbor and to have the road cleared. Might want to mention this to you neighbor, they need to fix their drainage problem.
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