Legal Question in Real Estate Law in Indiana

Water System in jeopardy

We live in a rural area,have our own water system which the tank is filled by an underground spring. The property next to us (up hill from our water tank)has always been woods, but now they are bulldozing and timbering trees. Probably going to build houses on it. if this messes up our water system is there any thing we can do? Any advise is greatly appreciated. thank you


Asked on 6/30/02, 3:14 am

2 Answers from Attorneys

John Bator Bator Redman & Shive

Re: Water System in jeopardy

An adjoinung landowner acnnot build anything or otherwise reconey the land so as to cause drainage or other similar problems for his neghbor. Likewise, he cannot dam up or stop your water supply. Right now you have no damages since you do not know if what is being donw will affect you. I recommend contacting the owner and discussing your concerns before it is too late to prevent a problem from arising.

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Answered on 7/01/02, 12:35 pm
Mary Ann Wunder Wunder & Wunder

Re: Water System in jeopardy

Indiana follows a rule that says a landowner owns what lies below the surface of his land and is entitled to it as against a neighbor who prevents it from getting there or being there if the prevention act is deemed injurious or malicious. There are just as many cases that say when land is changed in some way that affects ground water and underground water, so long as the water is following its "natural propensities", there is no damage to the neighbor, as there are saying that loss of a vital resource you are using and need is a wrongful taking.

I recommend that you contact the owner of the land or the developer and work out a solution.

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Answered on 6/30/02, 8:20 pm


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