Legal Question in Real Estate Law in Massachusetts
pre-existing water drainage
My neighbor, of approx. 13 years, is now claiming that water drainage from my property is affecting her basement, and property.
I've owned my home, for 20 years. The drainage system was in place, prior to my purchasing the home. My neighbor, purchased her home, next door, knowing her property had water problems. She wants me to fix her problems, in her home.
added info. the 2 homes are set 20-30 feet apart. Her garage, then mud room, then her basement, in that order, run away from my home. Her home sits a great deal lower than my home. The previous owner of her home, and the previous owners of my home, were related. They set up the existing conditions, before I purchased the property. What are the laws about this? p.s. thanks.
1 Answer from Attorneys
Re: pre-existing water drainage
My recollection concerning water issues is that to the extent that a landowner does not change things to cause a problem, they will not be responsible for runoff due to topography or other circumstances which exist.
It seems unusual that after thirteen years, a problem would suddenly arise. If there is a maintenance issue which could be addressed for relatively little money shared by landowners, it would likely be less expensive than the involvement of attorneys by both parties.
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