Legal Question in Real Estate Law in Washington
City Park encroachment
The property we recently purchased borders a designated City Park on the side and back. Part of the 40 acre ''undeveloped'' park is slightly lower in elevation than our back yard. This area fills up with water and spills over into a part of our yard and seeps into the foundation causing our sump pump to run couninuosly day and night until the water level receeds. (this wet condition did not exist during inspection of the house and was not revealed to us in the purchase agreement) The city has been cutting large trees and dropping the log size cuttings into the water which is adding to the problem. A meeting with a city representative gave us the impression that nothing will be done simply because it is part of the park and is considered natural. This house was built in 1976 and I'm not so sure the problem was this bad then. What recourse if any do I have, can I make them remove those logs or get rid of some of the water?
1 Answer from Attorneys
Re: City Park encroachment
A landowner is liable to adjoining owners when the landowner causes a diversion or alteration of the natural flow of water on the property. This is intuitive because it wouldn't make sense for a person to be able to suddenly start dumping large amounts of water on his neighbor's property. There is a principle of law that allows treatment of water by landowners as a common enemy. This allows an owner to continue to channel water in ways and amounts that it has previously been channeled but prevents changing the flows in such a way as to harm neighboring owners.
Your situation is unclear as to whether the city has violated its obligation to you.
Did the city alter the natural landscape in to cause water to accumulate where it seeps into your basement? What was the prior situation? Was there previously a problem with water accumulating in your foundation? Why was the sump pump there? Is the City altering the flow or has the water always accumulated there? What was the natural condition of your property? Was the natural condition altered by the prior owner or developer of your property so that the accumulation of water is actually a result of your predecessor's actions and not the city's actions? Is the removal of trees changing the water accumulation patterns so that more water is seeping into your foundation?
These are questions a lawyer would need answers to so that he can evaluate your situation more fully.
If you want to review a case discussing the common enemy rule, look at Hedlund v White, 67 Wn. App. 409 (1992).
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