Legal Question in Real Estate Law in Massachusetts
Water run off on to another property
I have a Neighbor who has re-directed his downspout so that the flow of water will run onto my property, Major concern is this water will pool by the back stairs that is always used to enter and exit the house. With winter coming the water will freeze and I have a 73 yo renter who lives with me. I am concerned for my safety and that of my renter. I have asked the neighbor not to direct the flow toward my yard ( which is asphalt) by he will not comply. He claims he did this as water from his own roof was going into his basement. Now it is coming to mine. I thought this was ilegal to do. I do not know how to stop him and fear I or my elderly sister will fall as soon as ice forms
Looking for advise...please help...as the nights are getting colder.
T
2 Answers from Attorneys
Re: Water run off on to another property
You might want to begin by making a formal request of your neighbor, in writing, and requesting that he redirect his water flow. Sometimes a letter from an attorney helps get peoples attention in a situation like this.
If your request is ignored, you have the option of bringing a suit based upon trespass, nuisance, etc., and seeking an injunction against your neighbor. An injunction is an order of the court either directing a person to do some act or prohibiting him/her from doing some act.
Please feel free to contact me should you have any further questions.
Re: Water run off on to another property
My advice is to settle this by agreement at all costs. You probably do have legal grounds for suit. However, it is my experince that if neighbors resort to legal remedies, they will likely spend their retriments bringing claim and counterclaim agaist each other for the remainder of their natural lives. Come to a comprmise agreement or move. If you sue, even if you win this skirmish, you will be in for a feud for the next two generations or until one of you moves. I really can't emphasize enough how badly these type of suits play out. I also realize this is the worst way for an attorney to get fees by telling potential clients not to sue, but I am trying to help you.
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