Legal Question in Real Estate Law in Pennsylvania
pond on property floods neighbors yard
We have lived in our home 2 years. Neighbors have lived in there home 3 years. Our pond floods there yard about 4 time a year. are we responsible to fix pond so it does not flood there yard?
2 Answers from Attorneys
Re: pond on property floods neighbors yard
Maybe. Then again the previous owner didn't fix it.
Have you looked into the cost of fixing the problem?
If not why don't you do that and see how big a cost it will be. With that fact in hand go and talk to your neighbor and see what its worth to him to have the flooding problem fixed. Then see what you can do to solve the problem.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
Re: pond on property floods neighbors yard
You asked about liability for fixing an overflowing pond.
I agree with my colleagues approach, but disagree with his determination.
Water is usually allowed to go where it will and a downstream property owner must accept the runoff from an upstream property.
But, if the pond is an improvement and especially a new improvement to the land then that would have some impact on the analysis.
Regards,
Roger