Saint Louis, MO asked in Real Estate Law and Land Use & Zoning for Missouri

Q: Drainage problems and neighbors:

I am having drainage problems on both sides of my home. On one side, water drains from “higher” neighbors gutters which ultimately resulted in water entering my home. I had an expensive French drain installed.

In the course of resolving this problem, it was discovered that on the other side of my house a down spout drains into a pipe which was clogged. The same repair man stated it needed a new pipe to allow the water to resume draining as was designed years ago when the house was built. The pipe apparently used to send water a few feet so it can continue flowing “downhill.”

The neighbor “downhill” noticed the activity. When she heard the water was directed to her property she objected. To be a good neighbor, I said that we would work together come up with a solution. She declined my offer and is contacting an attorney to “do what is in her best interest.” Am I responsible for all this? Many thanks.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Real Estate Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: Whether you are responsible depends on if a lawsuit is filed and the outcome of the lawsuit. It is tough to opine as to how a court would rule without there being a petition to review and without knowing all of the facts. I suggest that you too consult with an attorney.

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