Usually a neighbor cannot be held responsible for property damage caused by runoff from naturally occurring rain and land conditions. However, if the water damage is caused by a neighbor’s actions or non-actions, this can present some difficulties.
Since the flow of water is somewhat unpredictable, it can be difficult to determine the exact degree of a neighbor’s liability for water damage to property. If proven, water damage disputes can result in the neighbor having to pay reimbursements for the property damage that they caused.
There are three basic legal theories or standards that courts can apply in a water dispute claim between neighbors. Each jurisdiction may be different with regards to which standard is applied. Also, the facts of each individual case may also yield different results.
The legal theories used in water damage disputes include:
Be sure to double check the laws of your state to determine which legal theory may be applicable in your case. Also, you may wish to consult with a lawyer if you are unsure of your claim.
If you are able to prove that you neighbor is responsible for the water damage, you may be able to recover damages for your losses. These can include:
Finally, you might also be able to obtain a court order requiring your neighbor to remedy the problem. They might be required to make repairs or replacement so that the water damage does not occur in the future.
Disputes with a neighbor can often be distressing. If you are involved in a dispute over water damage, you may wish to contact a real estate lawyer for advice or representation in court. Your attorney will be able to advise you according to the laws of your state, and can help you recover damages for you losses.
Last Modified: 04-17-2018 09:55 PM PDTLaw Library Disclaimer
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