Legal Question in Real Estate Law in New Jersey
water run off liability
we live on a hill first of all the neighbor has had water problems for years we let her put a drain in part on our property to help her out so she didn't have this problem anymore it worked till they built a house up the hill from us and we have gotten lots of rain the past two years then she put wood up to our fence that does not help it just made it flood and wash out under her wood causing the stone from the drain to be moved in a flowing maner with the water they also placed edging along side the drane and it follows the edging insted of going in to the drain we have a writen agreament dated that she was to regrade and reseed the property and the property stake was not to be touched well it was we have had it replaced at our coust not hers we are trying to be neighborley to her and accommodate her but now she is asking for damages to side yard and personal things she put in basement knowing that it floods what is our liability to repair anything as we have gone to town and showed her pictures from where the water originates the town did nothing when the house on the hill was built to stop run off because it was not eroding anything just running also we live on land as does she with undergroung springs and wetlands behind us
1 Answer from Attorneys
Re: water run off liability
As you have an on-going conflict with your neighbor, it is important that you retain an attorney to assist you immediately.
Generally speaking, liability for damages from surface water flowing from one property to another varies depending upon the circumstances. If the run-off is a "natural" characteristic of the land, it will be more difficult to establish liability. Where the run-off is created or made worse by activities, structures, landscaping, etc., there may be legal liability. I.e., if my land adjoins your land, and I intentionally dig a drainage ditch or swale that directs rain water run-off onto your property--which would not have gone onto your property but for the drainage ditch--then the case for my liability is strong.
In your particular situation, however, a written contract which apparently discusses responsibility for the water run-off was entered into by the parties. This contract would have to be carefully evaluated by your attorney to determine whether liability exists, and if so, which partes are liable and under what circumstances. You seem to be indicating that in some manner, your neighber is in violation of the agreement, but again there is no way of determining that without being able to review the agreement itself. The presence of wetlands may or may not raise additional issues which is another reason you would be well-advised to consult with an attorney as soon as possible.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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