Nadel & Ciarlo, P.C.

Neighbor disputes due to water damage

As a homeowner, you have a certain amount of control when it comes to how you protect and manage your property. But, of course, you can never control the threats that your property faces. While you can control the security measures that you put around the boundaries of your property, you will not be able to control whether criminals attempt to break and enter.

In the same way, while you can control how your property manages threats such as flooding, you can not control whether your neighbor acts negligently and causes flood damage to your property.

If you believe that water damage to your property was caused by a neighbor, a serious dispute could occur. This is why it is important that you understand the law and take appropriate action.

Understanding the Common Enemy rule

The Common Enemy rule states that flooding is a common enemy of all landowners. Therefore, all landowners have the individual responsibility to protect their land from flooding. However, this law has been modified so that it's possible for landowners to hold their neighbors liable for damages in some circumstances.

Showing that negligence took place

If you can show that the negligence or carelessness of your neighbor led to the water damages that you are suffering from, you should be able to take legal action against them. If you are successful, you will be able to gain back financial damages to compensate you for the costs of repair. You may also be able to gain back punitive damages if your neighbor acted maliciously.

Make sure that you do not let your neighbor negatively affect your property. By taking swift legal action, you will be able to gain the damages that you deserve.

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