Can a builder divert drainage water onto my property?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 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.
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