What can you do if new construction causes flooding on your property?

| Jul 15, 2021 | Property Law

If your home is now flooded as a result of new construction next door or nearby, you may be wondering what kind of action you can take. If your neighbor is causing flood damage, then you should look into your legal options to have construction stopped or to find a solution to the new flooding issue.

Water damage is one of the leading causes of home insurance claims in the country, but you shouldn’t have to make a claim because of another person’s actions. If the neighbor is causing flooding due to construction or changes in their landscaping, then you may have options.

When isn’t a neighbor responsible for water damage?

Your neighbor won’t be responsible for water damage that is caused by naturally occurring land conditions or natural rain patterns. However, if they have changed the property in a way that makes more water run onto your land, such as setting up gutters that route water onto your property, then your neighbor may be liable for any damage that is caused.

You are expected to take steps to protect your own property due to the common enemy rule, which may mean creating a ditch to protect your property from flooding or setting up a boundary wall. However, the neighbor may need to cover any damage caused if they were negligent and made changes that damaged your property despite having the intention to protect their own from flooding or rain damage.

Water damage can be a big issue for homeowners. Our website has more on what you can do if your home has been flooded due to changes in your neighborhood.