Un-natural Water Run-off

[kidspots]

What is the name of your state (only U.S. law)? NY

My neighbors have been doing constuction to their home since they purchased it in 2007. There are several dry-wells that the previous neighbors installed because the house is at the top of a hill. My house is at the bottom of their driveway and every time it rains their run-off creates a river from the front to the back of my house, taking with it all of my mulch and the sand from their property. The dry-wells are full, I have asked them to remedy the situation to no avail. What can i do legally? Or do I have to send my money to catch their water??

 

[tranquility]

I believe New York uses the common enemy rule. This usually means each landowner is responsible for his own land. (lower landowners are hurt by this rule) They modified it to a landowner can divert water (which causes problems) as long as they used reasonable care to protect neighbors.

Here, it seems like the problem was not caused by their actions, but by the natural course of the water before it was changed by previous well installation.

I think the OP is on his own.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

My neighbors have been doing constuction to their home since they purchased it in 2007. There are several dry-wells that the previous neighbors installed because the house is at the top of a hill. My house is at the bottom of their driveway and every time it rains their run-off creates a river from the front to the back of my house, taking with it all of my mulch and the sand from their property. The dry-wells are full, I have asked them to remedy the situation to no avail. What can i do legally? Or do I have to send my money to catch their water??

**A: send your money?

 

[HomeGuru]

I believe New York uses the common enemy rule. This usually means each landowner is responsible for his own land. (lower landowners are hurt by this rule) They modified it to a landowner can divert water (which causes problems) as long as they used reasonable care to protect neighbors.

Here, it seems like the problem was not caused by their actions, but by the natural course of the water before it was changed by previous well installation.

I think the OP is on his own.

**A: and reasonable care would be to have the wells pumped out.

 

[tranquility]

No. One does not need to take reasonable care to prevent run off. One must take reasonable care when they make a modification which changes the course of the water.

In putting down the wells in the first place, the person had to act reasonably. He did not have a duty to place the wells. Now, if the wells fail, the water returns to it's natural course. Just as God intended and the OP now has to deal with.

 

[lizjimbo]

Have your property re graded

You can probably get a local landscape company to give you some ideas and perhaps a quote to regrade the property to force water into natural drainage swales.

 

[csi7]

Our property has similar issues, and even with Department of Environmental Protection involvement due to wetlands designation, it was finally determined that the swells (natural drainage ditches) could be placed in the areas where they had been before all of the changes had been made.

Once the swells were put in place, the run-off was back on the neighbor's property, and the county came in, reset the drainage at the easement line for the road, and the run-off goes where it needs to go, and not in the property moving mulch anymore.

Take pictures from all angles. Make sure you have an accurate property survey to help you figure the best angles for the swells.

One neighbor has their swells at an angle with blueberry bushes on the top, and it looks natural grove. It was done to stop the run-off, with the blueberry bushes on 1/2 price sale at the end of the season.

Several neighbors have placed boundary mulch beds raised above the swell at edge of property line, making landscape gardens of the swells.