water runoff home construction

[jcalv]

I am building a home in Illinois -- the city has no ordinances regarding silt fences at construction sites. We've had an enormous amount of rain during the past month. Silt from my construction site has entered the neighbor's yard. Excess water going across my home site has washed some rock in their driveway. My neighbor sent a letter through his attorney to notify me of these problems and indicated that he wished to be compensated for damages and also wants me to change the natural flow of the water. At this point I have not changed the original flow of water. If I change the natural or original flow of the water -- am I susceptible to worse legal problems from others? In effect the water is going the same direction -- merely faster and carrying construction silt with it. I have installed a silt fence to keep the silt on my property.

 

[Tracey]

A certain amount of damage to neighboring properties is expected when one builds. You are only liable for damages if you cause an unusual amount of damage. Since the water has flowed in this manner from time immemorial, this type of runoff was something N knew about when he bought the house. You may be able to raise the defense of 'coming to the nuisance'. Consult a real estate attorney of your own & decide whether to have the attorney write back or just ignore the letter.

You are correct that you will be subject to much worse liability if you change the water's course. Then, you will have purposely created the nuisance.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jcalv:
I am building a home in Illinois -- the city has no ordinances regarding silt fences at construction sites. We've had an enormous amount of rain during the past month. Silt from my construction site has entered the neighbor's yard. Excess water going across my home site has washed some rock in their driveway. My neighbor sent a letter through his attorney to notify me of these problems and indicated that he wished to be compensated for damages and also wants me to change the natural flow of the water. At this point I have not changed the original flow of water. If I change the natural or original flow of the water -- am I susceptible to worse legal problems from others? In effect the water is going the same direction -- merely faster and carrying construction silt with it. I have installed a silt fence to keep the silt on my property.<HR></BLOCKQUOTE>

It appears that you neighbor has not suffered any damages unless he paid someone to clean up the rocks and silt in his driveway. Both the natural and after construction drainage conditions should be noted on your building plans as drawn by a civil engineer. If there is a problem now, you should have an engineer check on it. If you are not using an engineer you should. THe next rain may cause more of the same or worse. And it will be your fault for not consulting with a civil engineer to make sure your property drains correctly and not into the neighbors property. Just leaving the natural and original flow of the water is not enough unless the engineer concurs.