Princeton, WV asked in Civil Litigation for West Virginia

Q: I live in West Virginia—surface and rainwater flow onto mine from my neighbor's property, which is uphill to me.

This creates a swampy condition in my yard. Is my neighbor responsible for diverting the water, or is it my responsibility to put in drainage features?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A West Virginia attorney could advise best, but your question remains open for two weeks. At this point, you could continue to await a response, or consult with attorneys who deal with water rights (surface water in this case). It's a narrow area - you might start with asking attorneys who practice in Real Estate, Agricultural, Environmental, or Water Rights laws. There are sections here for the first three if you wanted to try reposting and expanding your categories. Different jurisdictions can treat water run-off differently. Good luck

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