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Legal Topics > Real Estate, Property and Housing > General/Other - Real Estate, Property and Housing > Zoning, Planning and Land Use

Flooding and heavy rain can do serious damage to your property, possibly costing thousands of dollars, or more, to repair.  The law offers protection against some types of water damage depending on what caused the damage.

Natural Occurrences
When heavy rains cause an overflow in a local stream or river, the result can be a flood that causes damage to the houses and other property of local residents.  When the cause of water damage to an individual¿s property is a natural source or an ¿Act of God¿ such as heavy rainfall, no other landowners can be held liable for the damage that has occurred.

Water Damage Caused by Carelessness of a Landowner
In many instances, however, an ¿Act of God¿ will not be the sole cause of water damage to a person¿s property.  If the damage is created by a combination of rain fall and someone else¿s careless act that results in artificially diverting the water to a landowner¿s property, the landowner may be able to hold the careless person partially responsible for the expenses of repairing the damage.  So if your neighbor creates a situation that causes excessive amounts of water to flow onto your property you may be able to hold him liable.

What Kind of Water Damage Can a Landowner Be Liable for?
If a person¿s property suffers water damage due to the careless acts of a neighbor, the person may be entitled to: 

  • Cost of repairs and replacements
  • Additional expenses (e.g., relocating to another place to stay until the damage is repaired)
  • Medical expenses
  • Punitive damages if the neighbor knew his actions would result in damage to another¿s property

Do I Need a Lawyer if I Have a Water Damage Problem?
Whether you suffered the water damage or are accused of causing the damage a real estate and property attorney can help you.  A lawyer will know the specific laws in your and can help you get compensated for the damages or defend you from liability.

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