Can a builder divert drainage water onto my property?

UPDATED: Oct 2, 2022

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Can a builder divert drainage water onto my property?

A house was built next to mine and a ditch was cut and a drain pipe was placed
under the driveway. The drain pipe empties into my yard and causes my garage and
basement to flood. Is there anything I can do about this?

Asked on August 12, 2019 under Real Estate Law, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the builder and the owner of the house for nuisance. Nuisance is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation) in a lawsuit for nuisance are inadequate because of multiplicity of lawsuits since the flooding of your property will continue. Damages are also inadequate because land is unique.
Since damages are inadequate, your remedy is to seek an injunction to stop the flooding of your property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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