Legal Question in Real Estate Law in Virginia

Changed C factor causing my property to flood
A creek runs through my property. My upstream neighbor, who's property was covered by heavy, heavy brush all along the creek, clear it all down to grass. He said he wanted it to look like a park, and it does now. But, now all the water flows rapidly through his property and is backing up on mine where I have a 12'' culvert under a driveway over the creek. This is in my horse pasture which is in the flood plain. That backup is now cutting a new creekbed through my property and into my downstream neighbor, who is complaining to me about it. Plus, the unusual dampness is ruining my pasture when the horse walk on it and I'm having to buy more hay for them since I can't grow as much. For the past five years, prior to my neighbors clearing his land, this had never happened. I'm told its called changing the ''C Factor'', and I had asked the neighbor if he got any permits before he did this. He said no. Is he responsible, or am I just screwed? I can't afford to put in a larger pipe under my driveway.

Asked on 4/23/06, 4:30 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Changed C factor causing my property to flood

If changing the so-called "C Factor" means trimming away the vegetational clutter that may abound along the banks of a stream that runs

through one's property, I know of nothing illegal about performing such activity nor

why one would need a permit in order to engage in it.

Answered on 4/24/06, 11:11 pm

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