Water Damage - When a Property Owner Is Liable to a Neighbor |
| Generally speaking, if a property owner undertakes an action which results in property damage to the property owned by his or her neighbor, the offending property owner may be liable. |
| Water Damage - When a Property Owner Is Liable to a Neighbor Neighbor A decided to build a drainage ditch all the way around his property. In constructing the ditch, Neighbor A was careless. After the first rain, the adjacent property owned by Neighbor B sustained serious damage. Neighbor C decided to get back at his neighbor, Neighbor D, for parking him in last weekend. Neighbor C mounded soil on the side of his property which faced Neighbor D. As a result, Neighbor D's house flooded after the next rain. What liability, if any, do Neighbor A and Neighbor C face? Generally speaking, if a property owner undertakes an action which results in property damage to the property owned by his or her neighbor, the offending property owner may be liable. It is likely that the offending property owner will be liable if: * the offending property owner acted in a manner that was careless or unreasonable * the offending property owner acted intentionally * the offending property owner violated the law by his or her actions Damages If an offending property owner is liable on any of the bases set forth above, he or she may be liable for monetary damages. In addition, the property owner harmed by the offending property owner's actions may be entitled to equitable relief, such as an injunction, as well. |