Feuding Neighbors: Water Damage
Natural Conditions/Surface Water
In general, a neighbor will not be responsible for harm or damage to your property caused by the natural conditions of the land. If your neighbor’s land is situated in such a way that large amounts of water run into your backyard after raining (runoff water), legally-speaking, it is not your neighbor’s fault. If, however, your neighbor has landscaped his land or altered his property in some other way that causes more water to run onto your land than otherwise would naturally occur, then you may have some recourse to recover for the damage.Water Damage Rules
There are rules and standards that courts apply in water claim disputes between neighbors. Each state and even some local jurisdictions have different rules and standards governing such claims. Below is a brief summary of some of the more typical rules and standards governing water claim disputes between neighbors.The Reasonable Use Rule
The majority of states follow the “reasonable use” rule. In these jurisdictions, when one neighbor alters the land and damage occurs to another, the neighbor is liable for the damage if the alteration was “unreasonable”. Under this standard, the person making the claim must prove that the neighbor did something to his land or property, that the alteration was unreasonable, and that the alteration changed the natural flow of water onto your property.Common Enemy Rule
Historically, many states have treated rainwater and other natural sources of water as a “common enemy” to all landowners. Under this rule, each neighbor is expected to protect his or her own land from surface and runoff water. That means even if the steps your neighbor took caused additional runoff onto your property, you are still expected to protect your land from this water. Many states that still follow the common enemy rule, however, have modified it to make it less strict. Under the modified rule, your neighbor may be liable for damage to your property if the modification or protection of their land was negligent, unusual, or extraordinary, and your neighbor failed to use reasonable care to avoid damage to your property.Civil Law Rule
The “civil law” rule runs contrary to the common enemy rule. The civil law rule imposes liability on any landowner that changes his land in a way that changes the natural flow of surface water across the land. States that follow the civil law rule allow modifications of land so long as the modification is reasonable. Under the less stringent civil law rule, neighbors that experience the runoff are expected to take reasonable measures to protect their land from damage due to the increased surface water.Carelessness
Careless water damage is often the result of carelessness—especially those in multi-family units, like condos, townhouses, and apartments—including leaking or broken water hoses or appliances, leaky sprinklers, broken, frozen or burst water pipes, and clogged drains. If your property has been damaged because of the carelessness or negligence of your neighbor, you can obtain compensation for your losses from your neighbor and also ask the court to order the neighbor to stop the action, assuming it is an ongoing or recurring problem.Damages
If you can prove in court that your neighbor is responsible for water damage that you suffered, you may be able to collect damages for the cost of repairs or replacement of water damaged property, the cost of temporary housing while your home is uninhabitable because of water damage, medical bills directly related to the water damage, and punitive damages if you can show that your neighbor acted maliciously. The court may also issue an order requiring your neighbor to fix the problem that resulted in the damage.Insurance
There are two types of insurance that may cover you if your home or property has been damaged by water: homeowner’s insurance and flood insurance. If your property was damaged by water that had its source within your home, then your homeowner’s insurance should be able to cover it. If the water damage comes from an outside water source, however, homeowner’s insurance may not be adequate. In these situations, flood insurance would be beneficial, even if the damage was caused, at least in part, by a neighbor. Additionally, in such instances, your insurance will likely pursue your neighbor’s insurance for any amounts paid to you stemming from your neighbor’s wrongful conduct.Related: What Does Your Homeowner's Insurance Cover?
If your property has been damaged by water caused by a neighbor, you should consult with an attorney, as it is important to know your rights. Find a lawyer by quickly posting a short summary of your legal needs on Legal Services Link, and let the perfect lawyer come to you!
If your property has been damaged by water caused by a neighbor, you should consult with an attorney, as it is important to know your rights. Find a lawyer by quickly posting a short summary of your legal needs on Legal Services Link, and let the perfect lawyer come to you!
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Posted - 07/12/2017
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