Legal Question in Real Estate Law in Oregon

Adjacent property changes adversely affecting mine

Prior to their building on the lot adjacent to mine,I advised the owners of the drainage problems we have in this neighborhood, pointing out to them the specific areas of their property which are most severely affected by the wet weather. Their solution was to import soil and build their foundation two to three feet higher than ours and slope the new,higher yard toward our home.We have had many discussions with them, and have had a civil engineer confirm that the change will adversely impact our property, and offered possible remedies. They are unwilling to make any corrections. What is the best course of action to take now? Is there a specific law in Oregon which does not allow this?


Asked on 5/30/00, 1:22 am

1 Answer from Attorneys
Jeffrey W. Jones Jeffrey W. Jones, P.A.

Re: Adjacent property changes adversely affecting mine

Under Oregon law, a landowner that changes that natural flow of water in a manner that injures another's property is liable for trespass or nuissance. The most common remedy is an injunction requiring corrective measures. There may also be local codes or regulation that prohibit such actions. Unless the neighbors are willing to agree on a solution, you may have to file suit to force corrective measures.

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Answered on 7/18/00, 12:19 pm


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