Irwin, PA asked in Real Estate Law for Pennsylvania

Q: Is it my responsibility to confront a neighbor about water from their property flooding my property?

I’ve had water pooling in my yard since early September 2023. I contacted my borough manager and was advised to contact the water company. They were here twice and found no leaks in their system. The borough then referred me to the engineering firm contracted by the borough. No help. Repeated calls to the borough resulted in mostly buck-passing. Eventually I called a plumber who determined the water was not coming from my home. I talked to my next door neighbor and she said her garage and yard were also affected. The property behind me is a small apartment complex and it also has water pooling on their property. After relaying all this info to the borough, I was called back minutes later and told it was a civil matter. I asked if it was up to me to confront the property owner where we THINK from where the water is coming and she said yes. I think this is the borough’s responsibility at least to investigate and determine where the water source is and suggest a solution. Your thoughts?

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1 Lawyer Answer
Anthony M. Avery
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A: If you are the property owner adversely affected by the property tort damage coming from an adjacent property, then it is your right to sue for the damages. It will not be a simple suit. You will need at least a contractor, probably an engineer, and of course, a PA attorney. SOL's can run against you quick, so hire an attorney.

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