Legal Question in Real Estate Law in New Jersey

Neighbor diverting water on my property

My neighbor had his driveway repaved. Prior to doing

this, he ran a downspout under his driveway dropping

water onto the side of his house. His house is on

higher ground, mine is on lower ground. The water from the downspout then runs onto my property and is damaging my shrubs. The volume of runoff is alot.

This accumulation is creating stress on a stacked stone wall I have. He also regraded his property around the driveway to create more water runoff down the side of his property and onto mine....What recourse do I have?


Asked on 6/20/01, 9:04 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Neighbor diverting water on my property

Your neighbor is required to retain the water on his own property. If your grade is lower than his, it can continue to flow, but any increase above what it is, if it causes damage to you, can subject him to liability. 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 6/29/01, 1:16 pm


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