Legal Question in Real Estate Law in New Jersey

Diversion of Water

The house adjacent to ours has just completed a $50,000. landscaping project that causes all the runoff water to divert onto our property. They built up their property so that the water flows into our property. They had water problems before, and this was their solution. On rainy days, our back yard is now a pond. Do we have a remedy legally in NJ?


Asked on 11/29/04, 1:27 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Diversion of Water

If you can establish this is a valid claim, with engineering verification, you can pursue this legally. You might want to start by calling your municipal engineer to look into the problem first, to get his opinion. I also suggest contacting a local attorney to assist you, if litigation becomes necessary.

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Answered on 11/30/04, 11:24 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Diversion of Water

They have a legal obligation to be sure that the water runoff that had existed prior to the landscaping, both as to volume and direction, are maintained. In other words, they had no obligation to make the situation better, but they could not make it worse. Proofs are sometimes difficult and expensive. However, under the right circumstances, and with the proper proofs, you may have a legitimate claim. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/30/04, 1:46 pm

Re: Diversion of Water

It sounds as if your neighbors' solution to their drainaage problem was to try and make it your problem...

Yes, remedies may still be available to you for this conduct.

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Answered on 11/29/04, 4:31 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: Diversion of Water

Yes, you may have a remedy. It is a nuisance to have a water flow problem like that. You may have to consult with an engineer to come up with a solution.

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Answered on 11/29/04, 5:46 pm


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