Neighbors alter a drain ditch on their property and the result causes excessive runoff onto my property. What can be done to resolve my problem?
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Neighbors alter a drain ditch on their property and the result causes excessive runoff onto my property. What can be done to resolve my problem?
Asked on June 19, 2009 under Real Estate Law, Pennsylvania
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Cases involving damage to property as a result of water runoff may result in the property owner where the water originates being exposed to civil liability. In a general sense, in order to file a successful lawsuit, you would have to demonstrate, at the very least, that the runoff is coming from your neighbor's property, and that your property suffered damage as a result. Thus, in addition to the demonstration of causation, you would be required to demonstrate that your property was worth less as a result of the runoff in order to be entitled to recover any damages. I recommend that you consult with an attorney experienced in the areas of civil/construction/real estate litigation to discuss this matter further and to evaluate the merits of your potential claim.
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