Legal Question in Real Estate Law in Arkansas

changing elevation

Is there a law that prevents a homeowner in a subdivision from adding tons of dirt to his yard that creates a change in elevation which causes severe flooding in the yard of a neighbor when it rains? Thanks!


Asked on 3/28/03, 10:00 pm

2 Answers from Attorneys

Richard Orintas Orintas Law Firm

Re: changing elevation

You should consult your subdivisions "Bill of Assurance"...

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Answered on 3/29/03, 5:16 am
Tim Wishart McMahons National lawyers

Re: changing elevation

The common law position is that a person may not bring anything onto his leand that causes a nuisance.

If there is the prospect that the fill will cause damage to your land then I suspect you have a right to apply to the court for an injunction to require the offending party to take steps to remove the risk of injury.

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Answered on 3/30/03, 5:36 pm


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