If a neighbor grades their yard, and causes flooding in your yard, are they liable for damage?
Nekka asked:
Our new neighbor recently turned their entire backyard with one of the little tractor things. Seems they think they could level their backyard - pretty silly since our street is on a hill.
We’ve never had any problems with flooding, sure don’t want any now. Just wondering what recourse we’d have if their landscaping renovation floods our basement.
Lori
Our new neighbor recently turned their entire backyard with one of the little tractor things. Seems they think they could level their backyard - pretty silly since our street is on a hill.
We’ve never had any problems with flooding, sure don’t want any now. Just wondering what recourse we’d have if their landscaping renovation floods our basement.
Lori
Tags: Landscaping, New Neighbor, Recourse
March 27th, 2009 at 3:02 pm
Vanessa
I wouldn’t wait to find out! Notify them they need to devert the water away from your property. If you are friendly, offer to help them. If not send the note in through the mail.
March 30th, 2009 at 6:25 am
June
It is possible to hold them responsible but not easy to do.
If you are worried then put up a barrier to force any runoff to go past your home and to the street.
April 2nd, 2009 at 12:32 am
Annette
If you can prove that as a result of their grading your property was damaged. Contact your city or county inspector and have him take a look, if he finds that it is or can cause a problem then contact your neighbor
April 3rd, 2009 at 6:12 pm
Donald
Yes anytime someone makes a change to the grade or drainage of a property that intersects or connects to another property “Water - Shed” must be determined by an engineer and approved by a city inspector.
If damages do occur because of “Water Re-Directing” the person who did this is responsible for damages. Check with your local building permit office and see if a “Permit” was obtained for the work your neighbor did.
April 3rd, 2009 at 8:46 pm
Erik
Call your Town supervisor’s or mayor’s office –City or Town Hall. I’m not sure which department. The Building Department might be the one. Usually when someone wishes to alter the land on their property they have to have some sort of permit for that project. This is similar to building a pool or even a shed on the land.This project, if it is extensive, must be inspected by someone and approved. If you feel they are altering their property to an extent where it could cause flooding I would definitely find out if they got a permit or at least if they would need one. Anyway, call and ask for help and to be directed to the proper authorities. They will tell you if this could cause problems or whatever and what recourse you have. Your neighbors may need something called a “variance” to do this job and that would require permission from any neighbors involved.
April 5th, 2009 at 1:50 am
Angel
Rule number 1: NEVER buy a house lower than a neighbor’s house. You are asking for trouble even if the neighbors don’t landscape.
Since it’s too late for that, maybe you need to talk to the neighbor and work out a mutual agreement on water runoff from his backyard. You have to live with these people. Having officials come in is not a good way to show you are neighborly.
If you can’t work with this new neighbor now, you might as well start looking for another house because it will only get worse.
April 8th, 2009 at 5:19 am
Scott
no