submerged

Water from neighbor's property

4 posts in this topic

New home built on property next door. Now his rain water is flooding our property. We have lived here about 15 years and never had this problem before. Water covers our pool deck and half-way into our lanai. Pumps have had to be used to drain the water. Tried talking to the neighbor a few times. He takes no responsibility. Again, this has never been a problem until now. Any advice on who is responsible or what we should do?

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To learn more about this subject matter, you may be interested in visiting the Real Estate Law Center: Neighbors and reading Water Damage and Neighbor Disputes as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.
 

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What do you mean by "his rain water"?  I assume you mean that, as a result of the new construction, rain is a problem when it was not a problem before.  Or do you mean that your neighbor is collecting rain water and doing something with it that is causing you problems?

 

The answer to your question depends on the laws of your unidentified state and any applicable local ordinances or building codes.  Likely, however, if the new home was built in compliance with all applicable building and zoning laws, you will have no recourse and will have to deal with this by installing an appropriate drainage system, or building appropriate fencing, or something like that.

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Don't know if this will help, but one lawyer told me to go talk to my home insurance company and have them deal with it. And in my case, I have malicious damage done because we tried talking to them about their rain water flooding our side.

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