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

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.

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.