Neighbor plowed snow to property line and it is flooding my basement.

[huntingfool]

What is the name of your state (NY)?

My property is surrounded by other properties which are sitting about three to four feet higher up than mine. The owners of the other properties are continually plowing snow around the edges of my property.

While technically the snow is on their property it eventually turns into water and runs down into my property. My house essentially sits in a bowl surrounded by industrial properties. The worst offender actually claims he owns a portion of the property that I have always used. He claims he did a survey a few years ago and that the bank that is in my yard abutting his parking lot is actually his but my property and the downward facing bankwhile it is technically his for all practical purposes it is part of my property. It is not paved is covered with my grass and my two lilac bushes that have been there since before I bought the house over 15 years ago. It has always since the property was subdivied in the forties (I think) been part of my yard.

My house is zoned industrial residential. So are the rest of the properties.

I have repeatedly over the last fifteen years asked my neighbors to stop plowing the snow so that it abuts my property there are plenty of other places to put it

Most years I have been able to stop it. This year the house is empty I have not lived there for 5 years but I did have tenants until the last 2 years and they had a field day. The parking lot they are plowing is about a ½ an acre we had over 30 inches of snow this year so 30 inches times half and acre has been dumped in a way that it will run down into my yard it is on a hill that runs into my yard and is actually part of my yard and that is only one of three neighbors. The others own smaller lots. This will equal hundereds of gallons of water.

My basement with its 128 year old hand laid stone foundation has 4 feet of water in it. The furnace has been flooded and it could have been prevented if they had just not plowed snow. They have been awful neighbors and I have filed complaints in the past about the dirt and dust from the parking lot. That was several years ago when all of the residentail neighbors got together and complained. Now I feel like I am being harassed for something that happened 10 years ago. My question is what can I do? Can I sue them for damages to my property?

I want to send a certified letter but I am not sure what to say at this point I have been calling them and asking them to move the snow for two weeks now it has all melted into my basement. I will have to have it pumped by the fire dept. Can I some how force the m to remove what is left

The jerk actually pointed out to me that "Water runs downhill" so he is aware of what he is doing. a
What can I do in case I cant stop them this year to stop them next year?

Sorry if this is long winded I am so frustrated I can’t understand why they are doing this to me. I know it sounds crazy but every time I have spoken with them they have told me if I don’t like it move or sell my house do you think they are trying to force me to sell? How can I prove it?

Is a landowner responsible for damage that occurs from melting snow to another landowner’s property? This property would most likely be considered mine by adverse possession and but it has not come up before.

How do you prove adverse possession in NYS ?
If they have been informed more than once is it harassment to continue?




If the property they are putting the snow on falls under adverse possession ( I adversely possessed it) do I have a right to force them to remove the snow.

Do you have to file for adverse possession some where or is the fact that the property has always been used as mine and was used as part of that property as long as it has existed. enough?

 

[HomeGuru]

What is the name of your state (NY)?

My property is surrounded by other properties which are sitting about three to four feet higher up than mine. The owners of the other properties are continually plowing snow around the edges of my property

While technically the snow is on their property it eventually turns into water and runs down into my property. My house essentially sits in a bowl surrounded by industrial properties. The worst offender actually owns a portion of the property that I have always used his parking lot abut my property and the downward facing bank is technically his but for all practical purposes it is part of my property. It is not paved is covered with my grass and my two lilac bushes that have been there since before I bought the house over 15 years ago.

My house is zoned industrial residential. So are the rest of the properties.

I have repeatedly over the last fifteen years asked my neighbors to stop plowing the snow so that it abuts my property there are plenty of other places to put it

. Most years I have been able to stop it. This year I the house is empty and they had a field day. The lot they are plowing is about a ½ an acre we had over 30 inches of snow this year so 30 inches times half and acre has been duped in a way that it will run down into my yard it is on a hill that runs into my yard and is actually part of my yard .and that is only one of three neighbors. The others own smaller lots.

My basement with its 128 year old hand laid stone foundation has 4 feet of water in it. The furnace has been flooded and it could have been prevented if they had just not plowed snow. They have been awful neighbors and I have filed complaints in the past about the dirt and dust from the parking lot. That was several years ago when all of us neighbors got together and complained. Now I feel like I am being harassed for something that happened 10 years ago. My question is what can I do? Can I sue them for damages to my property?

I want to send a certified letter but I am not sure what to say at this point I hade been calling them and asking them to move the snow for two weeks now it has all melted into my basement. I will have to have it pumped by the fire dept. Can I some how force the m to remove what is left

My husband’s lawyer for another matter said he would send a letter for but he never did.
What can I do in case I cant stop them this year to stop them next year?

Sorry if this is long winded I am so frustrated I can’t understand why they are doing this to me. I know it sounds crazy but every time I have spoken with them they have told me if I don’t like it move or sell my house do you think they are trying to force me to sell? How can I prove it?

Is a landowner responsible for damage that occurs from melting snow to another landowner’s property? This property would most likely be considered mine by adverse possession and but it has not come up before.

How do you prove adverse possession in NYS ?
If they have been informed more than once is it harassment to continue?




If the property they are putting the snow on falls under adverse possession ( I adversely possessed it) do I have a right to force them to remove the snow.

Do you have to file for adverse possession some where or is the fact that the property has always been used as mine and was used as part of that property as long as it has existed. enough?

***A: read up on AP.

 

[drewguy]

Depending on state law, diverting water onto someone else's property can be actionable. So, for example, if you build a gutter that drains onto someone's land you can be liable. If, however, it's the natural flow, generally you can't.

I think you could make an analogy with snow, that by piling it in a certain way, they have altered the flow. of course, you'd have to show that NY law bars such actions. In some states the law is basically "tough luck."

None of this would change whether they're plowing the snow onto their land held by clear title or your land that they might be able to claim by adverse possession.

BTW, if you had 30 inches of snow, how do you know the basement isn't flooded because of snow melt from snow on your property?

 

[BL]

You need a sump pump or two in your basement .

And why would you buy property that is in a low area prone to flooding .

You don't say at what level the water is seeping into the basement .

Many owner of such built basements use concrete to fill / seal in the rocks and smooth the surface .

 

[154NH773]

If the property they are putting the snow on falls under adverse possession ( I adversely possessed it) do I have a right to force them to remove the snow

Some of the lawyer types may correct me, but if they have been putting snow on this property all along, then you didn't adversely possess it.

I agree that in some cases water may be diverted provided it is reasonable and not resulting in damage or a change in the natural flow. (Dudley v. Beckey, 132 NH 568) From your description, it doesn't seem reasonable and does seem to be causing damage. You would have to prove that the damage was caused by their snowmelt.

I would think you might have at least a Small Claims action for damages, or if you can afford it, sue in a higher court. At the very least, put them on notice to cease and desist immediately.