Neighbor Directing Gutter Onto My Property

When you re downhill from new construction you re in the direct line of runoff.

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. 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. Every property owner has a right to drain water from his own land. 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.

This way you re making your berm look more natural. If the pipe is pointed straight at your property and you can show damage as a result you may have a good claim. 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. 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.

The problem might be something as simple as a neglected yard next door. Slope your land gradually. 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. If your neighbor s gutters are draining water onto your property damaging your lawn you should first ask the neighbor to fix it.

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. 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 that doesn t work you have other options. The nature and importance of any improvements that were made by the culvert.

In some cases courts have found gutters and downspouts that send rainwater onto a neighbor s property to be unreasonable to determine if something is reasonable a court may look at the following factors. Some owners property is burdened with a flow of water across his or her property which he cannot divert. If your neighbor has landscaped his land however or altered his property in some other way that causes more water to run onto your land than would otherwise naturally occur then you may have some recourse to recover for the damage. 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.