Annapolis, MD asked in Real Estate Law and Land Use & Zoning for Maryland

Q: Are remedies available for home owner to stop storm drainage from grading of property for new construction?

1. No easement.

2. Grading of property and driveway had permits and construction was accepted.

3. Driveway on new property acts as channel for storm water which the floods adjacent private home.

4. Driveway further extends onto county road and effects a change in grade of county road. Storm water on county road is now diverted to same private property flooded by new driveway.

5. Flooding did not occur prior to grading and construction of driveway.

6. No permit obtained for changing grade of county road.

7. County alerted and refuses to take action notwithstanding video showing aforementioned flooding.

8. Is this addresssble as violation of county nuisance code?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Real Estate Law Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: Your best approach is probably a lawsuit for nuisance against the developer. It is a complex area of law, and it will require expert testimony and legal fees, but, if you can show actual, pecuniary damages, you will be protecting your property and may get repaid. If the county refuses to cite the developer, then you have their answer on whether they are going to help you. This is not uncommon in development law. Often, developers have lobbied the county officials well and feel protected by the issued permits. But, a nuisance is a nuisance, if you have the evidence. We've handled one of these fairly recently along the water basin near the Potomac River where the diverted water expanded the marine clay on which my client's home was built. The marine clay massively expanded from the contact with additional water, threatening the foundation of the house. We sued everyone who might be responsible, and the jury sorted it out and picked the responsible party. All was fixed, and the amount awarded exceeded the actual repair costs, resulting in repayment of much of the legal fees. YMMV.

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