Neighbor Directing Gutter Onto My Property

In general a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring rain and land conditions.

Neighbor directing gutter onto my property.

When you re downhill from new construction you re in the direct line of runoff. Maybe suggest a pipe that disperses the water instead of directing it just toward your property. This way you re making your berm look more natural. While everyone is entitled to the use of their own property they cannot use it in such a manner as to cause a nuisance to another s property.

If you are new to berms start with a small sized berm. In property law one way that a landowner may interfere with another s use of her land is by altering how surface water such as rain or snow melt drains. Many states use an additional reasonableness rule when determining whether a neighbor s landscaping or other decisions that cause water damage to a property owner s land is liable. If the pipe is pointed straight at your property and you can show damage as a result you may have a good claim.

A landowner may build a building pave her land or alter the contour of the land in a way that increases the amount of surface water that drains onto neighboring property or changes where. Some owners property is burdened with a flow of water across his or her property which he cannot divert. Slope your land gradually. While you might be busy diverting water from your neighbor you may have unknowingly diverted water into areas you never intended for it to go.

If the neighbor makes major landscape changes alterations can redirect water flow and send it streaming through your property. Every property owner has a right to drain water from his own land. The nature and importance of any improvements that were made by the culvert. Every property owner may have a right to prevent his neighbor s land from draining onto or across his land if doing so does not cause harm to his neighbor.

If a court determines that the alteration to land was unreasonable and altered the land s natural condition that caused his or her neighbor harm the court will hold in favor of the property owner who sustained water damage. My neighbor has maintained blighted walnut trees over my driveway house storage unit and walking paths for years and has caused damage to gutters roof and even caused injuries. If that doesn t work you have other options. The problem might be something as simple as a neglected yard next door.