Water damage can cause feuds between neighbors, but the legal side of it is even trickier. If heavy rains cause a flood in your yard and the water goes towards your neighbor's garden, is it your fault?



Water damage caused by surface water runoff and flooding

Let's say you suffer water damage in your garden every year because rain runs from your neighbor's property to yours. As a rule, if the water damage was caused by the natural conditions of the land, it's not your neighbor's fault. Now let's say your neighbor has his property landscaped and that results in your garden as well as your basement getting flooded - double the amount of water from last year. Your neighbor can say that it's still because of the rain and not because of his landscaping. True or false?

There are three rules of liability that are considered in situations like this:

The reasonableness rule - In many states, if a neighbor alters his land and causes damage to yours, he is liable for the damage if the alteration he made was "unreasonable." If you sue your neighbor over this, you will have to show proof that what your neighbor did altered the natural condition and caused you harm.

This is usually decided by the courts on a case-to-case basis. An action is considered reasonable if it follows the following:

* Whether the damage was foreseeable by the one who made the change

* The nature and importance of the improvements made by the drain

* The extent of damage compared to the value the improvement

The "common enemy" rule - In the past, disasters such as excessive rainwater were treated as the "common enemy," and damaged property randomly. This meant that the landowner had the responsibility to protect his own property and avoid water damage from that excessive rainwater. If your neighbor - whose property is higher - diverted water from his property in order to avoid flooding and it ran to yours, it was your responsibility to protect yourself from that extra water.

There are a few states that still follow this rule, but they have amended it. A property owner can divert water only if the work is not extraordinary and if he consciously tries to avoid damaging the adjoining property.

The "civil law" rule - In other states it is the opposite. Under the civil law rule, if a person alters the natural flow of water in any way that harms another property, he is liable for that harm.

The states that follow this rule have also amended this; they now judge the behavior of both parties before passing judgment. The courts expect that both landowners will behave reasonably and that both will take protective steps.

Water damage because of carelessness

If the water damage was due to carelessness by your neighbor, you can sue for compensation as well as ask the court to order your neighbor to stop his actions.

Examples of carelessness are garden hoses or sprinklers being left on too long, water pipes that were allowed to get clogged or freeze. Tree roots that damage the pipes of an adjoining property fall under carelessness.

What to do next

If you have suffered water damage on your property because of your neighbor's actions, make sure you document the damage. Take notes and photographs, and videotape it if possible. If you have to make emergency repairs, do so and then go back and determine the cause of the water damage. If necessary, call an expert and/or a lawyer. Then, contact your neighbor and talk about it. You will want to discuss two things: making certain that it doesn't happen again, and that you be compensated for your losses.