Q: Can an alteration to a neighboring property legally cause run-off water to flood my property in Ohio? What is statute?
I live beside multiple vacant lots in a HOA, which are now owned by a builder. Last fall, they began excavating to raise the grade to I assume build a house, however now that the snow is melting & it is raining, I get extensive flooding in my backyard from run-off water. I don'r think this is legal & they need to correct the problem. Am I correct?
A: Only a court can tell you if you are correct if you cannot work it out with the developer. Water is legally allowed to flow downhill. But an uphill owner is not allowed to collect additional water and divert it so it causes damage to a downhill owner. If not resolved with the uphill owner, the downhill owner would have to get an engineer to study the problem and offer an expert opinion as to the cause, and the court would have to determine if the uphill owner's actions were improper. Use the Find a Lawyer tab to retain a local real estate attorney.
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