Eugene, OR asked in Real Estate Law for Oregon

Q: Can I sue my neighbors for property damage due to their storm water running directly into my yard - lack of gutters

Their gutters are disconnected from their drain line to the streets. Because their yard is mostly paved, and the other part is covered with a tarp, their runoff flows directly into my yard causing significant flooding. I have been told I need a french drain due to the flooding, but I believe it is directly worsened by their lack of care to their property and gutters

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: I don't know about Eugene but here in Portland the city gives homeowners a break if they disconnect their rain gutters from the storm drains and allow the water to instead percolate into the soil. This of course assumes that the rainwater has a way to soak into the soil. You can contact the city and see if the set up your neighbor's have violates some type of code. The city also has codes for proper drainage so that water doe not cause landslides involving adjacent property owners. Otherwise contact an Attorney in your area that knows something about these type of water drainage issues. But my first choice would be to contact the city as they may address the situation before you have to hire an Attorney.

In the meantime, you might want to try to install something that would temporary divert the water. Sandbags could help.

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