Legal Question in Real Estate Law in Arizona
The Rainmaker
I live on a street that slants. Everytime we have a big storm water runs off my house and flows its course into my neighbors yard. When this happens it pretty much floods his yard. I told him to build a retaining wall to stop this. My question is does my neighbor have a legal leg to stand on if he were to go to court? Im not sure if it is my responsibility to put up a retaining wall or his. Since we live on a street that slants i feel i'm not liable because you cannot stop nature from running its course. Legally i could be wrong. Please let me know. Thanks, the rainmaker
1 Answer from Attorneys
Re: The Rainmaker
This falls within the realm of water law, but I will take a stab at it. You are liable to others for damage when you alter the natural lay of the land, through changes or improvements such as changing the grade, installing walls or other components. It is difficult to give you an opinion because there are insufficient facts. Was the lot grade changed when the houses were built? How long has the nieghborhood been in place? What do you mean when you say the street "slants?" All streets have a runoff from the convexity of the paving for that reason, so water does not stand in the street. How does that make his property fill up and not yours? Did you fill your lot? Did he lower his? Or is that the natural lay of the land? Can he install a drainage well?
Some issues to think about.
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