Legal Question in Civil Litigation in Massachusetts

Storm water run off

I have a neighbor adjorning my property that is at a higher elevation than me. Recently, the neighbor directed the gutter to discharge away from his home and toward my property using a downpipe extension. I now have a stream of water cascading into my yard. I am now getting water in my basement. I have told the neighbor that he is responsible for his run off and to correct the problem. He says that he is not responsible. What can be done?


Asked on 4/12/07, 7:12 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Storm water run off

I am not sure that he is correct. By his actions, he has created a problem that impacts on your land.

You can contact the building inspector. You may also have a right of action against your neighbor.

Should you need assistance, contact me.

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Answered on 4/12/07, 8:00 pm
Maria Murber Law Offices of Maria Murber, PC

Re: Storm water run off

You should contact the building inspector/city hall immediately. Also, you should document the date you told your neighbor, as well as, putting it in writing to him/her via 1st class mail and certified. They do not have a right to make an altercation that effects and damages your land. Good luck! Sincerely, Maria Murber

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Answered on 4/13/07, 6:00 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Storm water run off

You probably have a right to stop him from deliberately directing stormwater onto your property, and to redirect it to the area where the gutters were designed and installed to drain (i.e., the storm drain in the street). But if the neighbor takes reasonable steps to stop draining to your house, but some water inevitably drains there anyway and leaks into your basement, there is probably not much you can do. Water drains downhill, and you chose to live downhill from him.

And if your basement is not keeping the elements out, that is not your neighbor's fault. You need to make the basement waterproof and impervious to water; if you have a general warrenty on the house, or a specific warranty on the foundation, make a claim under the warranty to stop the flooding. If there is no warranty, try to do so yourself.

If you have home insurance, you can see if basement flooding is covered and make a claim if so, but it probably is not. Let me know if you need help.

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Answered on 4/13/07, 12:58 pm


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