Alaska
About nine years ago, a mudslide occurred behind the house I now own. My house narrowly avoided destruction, though the back porch was taken out.
The uphill neighbors property had become unstable, saturated due to significant rain and poor drainage, and slid down onto what is now my property. I understand that the insurance company for my home's previous owner sued and won some damages...though I do not know the details (I'll begin looking). From what I have heard, the person who owns the uphill property was quite livid and fought any responsibility for the slide.
Further, I understand that some repairs were made: mud debris was removed and the hillside (on mine and my neighbors property) stabilized with some grading, trenching and rock.
However, in the ensuing years it appears the repairs no longer are working well and I am seriously concerned that my wife and I may find ourselves with unscheduled mud baths. The drainage ditches were not maintained and are now full of silt. Erosion of my neighbors steep hillside is evident and water sheets down from his property with virtually no control.
To make matters worse, I have water drained onto my property from three sides...but it is the hillside behind me that is the immediate concern.
Questions:
1: Generally what level of responsibility does an adjacent property owner have to control storm water and runoff from their property; and more specifically, in circumstances where there is a proven danger of adverse effects what's their responsibility?
2: If my uphill neighbor refuses to address the situation when I ask him, what is your recommended course of action (i.e. contact the City to see if they enforce this type of thing, sue in court, stick pins in a voodoo doll, move to Canada, etc?).
Thanks
About nine years ago, a mudslide occurred behind the house I now own. My house narrowly avoided destruction, though the back porch was taken out.
The uphill neighbors property had become unstable, saturated due to significant rain and poor drainage, and slid down onto what is now my property. I understand that the insurance company for my home's previous owner sued and won some damages...though I do not know the details (I'll begin looking). From what I have heard, the person who owns the uphill property was quite livid and fought any responsibility for the slide.
Further, I understand that some repairs were made: mud debris was removed and the hillside (on mine and my neighbors property) stabilized with some grading, trenching and rock.
However, in the ensuing years it appears the repairs no longer are working well and I am seriously concerned that my wife and I may find ourselves with unscheduled mud baths. The drainage ditches were not maintained and are now full of silt. Erosion of my neighbors steep hillside is evident and water sheets down from his property with virtually no control.
To make matters worse, I have water drained onto my property from three sides...but it is the hillside behind me that is the immediate concern.
Questions:
1: Generally what level of responsibility does an adjacent property owner have to control storm water and runoff from their property; and more specifically, in circumstances where there is a proven danger of adverse effects what's their responsibility?
2: If my uphill neighbor refuses to address the situation when I ask him, what is your recommended course of action (i.e. contact the City to see if they enforce this type of thing, sue in court, stick pins in a voodoo doll, move to Canada, etc?).
Thanks