Drainage Question

[alligatorob]

Florida - I recently purchased a piece of property with a drainage problem. The back side of the lot is low and does not drain well. There is a small (~1 ft deep) ditch from the low area to the ditch in the right of way in front of the lot. I would like to fill the area and the ditch, if I do then the whole area will drain to the county maintained ditch along the road in front of my lot.

Problem is the low spot continues onto my neighbor’s property and the little ditch that drains the low spot across my lot also drains his part of the low spot, at least to some extent. This is not the natural drainage, but I do not know who dug the small ditch across my property or when, it was before I purchased it. I suspect that filling my lot will make his drain less well. I would not grade my lot to drain onto his, so we are just talking about drainage from his lot. He also has a county maintained ditch on the front side of his lot, about 100 ft from the low spot. He could fix his problem either by filling his low spot or put in a small ditch leading to the county ditch like I now have. None of this impacts any buildings or structures; it is on a side of both of our lots away from the houses. The only damage cutting off his drainage would do is to allow water to sit on his lot longer after a rain, nothing else.

I have not yet spoken to the neighbor about this and was hoping for some advice on my legal situation before I do. What is my legal obligation to allow the neighbor’s lot to drain through mine?

[drewguy]

Generally you may not channel water across someone else's property, absent an easement or permission. Natural flow is a different matter, however. Put differently, your neighbor has no real right to complain, legally speaking, if you prevent his ditch from draining to the street through your property (if I understand correctly what would happen).

As a practical matter, I suggest seeing if you can work together, perhaps jointly regrading your land and filling your ditches so that he isn't confronted with an immediate problem when you undertake your work.

[alligatorob]

Thanks Drew Guy, yes no water from my lot would drain to his, I would just stop some of his from draining to mine.

And you are right I will talk with them and try to work something agreeable out first. I just wanted to know where I stand legally first.