Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

Group Photo
group-photo-2024
slide-image-4-mcguire-pelaez-bennet-badge
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Water Damage To A Property Due To A Neighbor

Suffolk County real estate lawyerNew York real estate disputes may arise from water damage that is caused by a neighbor’s newly installed landscaping. Water can seep into an individual’s home causing harm to the property. Ordinarily, a neighbor is not responsible for any damage stemming from natural runoff from rain or the land.  However, if a neighbor installs landscaping that alters the original condition of the land that causes more water to run onto the property than usual, resulting in damage, there may be grounds for recovery.

What are the three laws that provide for liability against a neighbor for surface water damage?

  • Reasonable Use – This requires proof that a neighbor altered his or her property and that it was unreasonable and changed the flow of water onto the property.
    • Typically a court will evaluate a multitude of factors when using the reasonableness test. Here are a few:
      • The importance of altering the property
      • Was the excess runoff reasonably foreseeable
      • Damage to the property v. the value added to the neighbor’s property.
  • Common Enemy Rule – This rule requires that an individual is expected to protect his or her land from runoff. Under this law, rainwater is seen as a common enemy to all landowners. It allows a landowner to take the necessary steps in protecting his or her land such as building a drainage ditch.  Under this rule, an individual can hold a neighbor liable if the modification made to the land was negligent.
  • Civil Law Rule – This rule holds a property owner liable for changes made that disturb the original or natural flow of water across the property. This requires that the modification is made in a reasonable manner and a homeowner may also have been expected to take reasonable precautions to protect the property from harm.

If damage to a property was done due to a neighbor’s negligence or careless actions, an individual may be able to recover compensation for their losses or damages. In addition, a court may be able to stop a neighbor from continuing to engage in behavior that led to the damage of the property.

If you are faced with a real estate dispute involving a residential or commercial property in Nassau or Suffolk County, it is important to contact an experienced Long Island real estate lawyer who can guide you through the process and protect your legal rights. For more information or to schedule a consultation, contact our Central Islip real estate lawyers at (631) 348-1702 or fill out our contact form

Leave a Reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

Reviews

Absolutely a gem of an attorney. I walked into his office and explained my traffic issue to him, he understood my needs and confidently told me he’ll take care of multiple tickets. He then proceeded to do exactly that, even going to the prosecutor multiple times as he was unhappy with their initial offering.
Highly recommend this firm to anyone dealing with issues from the abysmal traffic authority of Long Island.
Recommend 100000%
A speeding ticket is always stressful specially when it is a out of state ticket. Hiring 'Daslin' to handle this speeding ticket was a great decision. She immediately jumped on my case and handled entire process/options and she also clearly explained what to expect. It was so impressive that i did not need to do anything at all and the ticket was dismissed😊😊. Thanks to her. I strongly recommend 'Daslin' for any traffic-related issue.
Chris was great, helped me with my landlord issue while being very informational and got right to business to get me back my deposit. Highly recommended !!
Great professional service. Got a swift hassle-free and great outcome as promised. Thank you to Chris and his team!
Hicieron un excelente trabajo
Skip to content