Q: What are my rights as a homeowner when a neighbor is accusing our property of causing flooding issues?
I live in a townhome and whenever it rains, my next door neighbor's house floods. They are claiming that our tool shed, is the cause of the leak. I don't think this is possible because if rain was coming through our toolshed, our house would be flooding also, but it is not. Trying to be neighborly, we have allowed this person to put sandbags on our property as a temporary fix to see if this would help and her home is still flooding. Her harrassment of my family is beyond tolerable at this point. 3 houses next to her are also flooding, which makes me even more skeptical of her accusations. We have had landscaping come out to the property and they basically said it is from the natural flow of the water that is causing her problem, as none of the townhomes have gutter systems. What are my legal options at this point besides a restraining order? They were advised to stop calling and texting, but still continue to do so.
A: If you built something that altered the natural flow of the water and made the water go onto the property of your neighbor, then you would be liable in trespass for diverting the water to your neighbor. This is an fact driven issue, and an expert would have to take a look at your shed and see if it has diverted the flow of the water. If it has, you may well be liable. Her option is to sue you, not to persist in calling you. Go see a lawyer and get him or her to address this with your neighbor, and to also evaluate the facts surrounding the flooding issue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
