Legal Question in Real Estate Law in Missouri

My neighbor dug a pond to collect surface water from both our properties. The pond is solely on the neighbor property but the overflow is on my property. Is my neighbor responsible for damages to the overflow area if the pond overflows? The ravine where the overflow is located was already existing before the pond. Prior to the pond being dug the surface water from my property naturally went to that ravine. The water also runs under a state road. Can either landowner be responsible for damage to the road


Asked on 5/01/15, 6:13 pm

1 Answer from Attorneys
Anthony Smith LawSmith

There aren't enough facts here to make a specific determination of all liabiliti s. But, based upon the few facts you provided, it dies not seem that the neighbor would be liable to you for water entering the already existion overflow ravine. Perhaps if prior to the pond, most of the water from his land flowed somewhere other than on your property, he might be liable in an extreme situation. Altering the flow of rain water, that causes damage to a roadway, can be the basis for liability. If you wish to clarify the issues you raised, I suggest that you consult directly with counsel in your area. Allow them access to more facts than you were able to.provide here.

Good luck

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Answered on 5/08/15, 9:37 am


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