Legal Question in Real Estate Law in Wisconsin

Flooding inevitable

Hi,

I have lived in my house for over 25 yrs. It's in a rural area. Recently, a couple bought the land next to us. There is a watershed/creek that divides the properties. In the past, their land was partially flooded for much of the year, and in spring was very flooded, as was our back yard.

During heavy snowfall years, the water has risen to within 4 feet of our basement entryway.

The new neighbors have brought in at least 100 trucks full of dirt and have gotten the permits to do this.

The problem lies in the fact that this area is not a floodplain (FEMA'S) maps.

I know. that come spring we are going to sustain great water damage, as all of the water that used to shed on their land, will now come this way.

I asked the man that issued the permits, whether he had taken our situation into consideration, he basically just shrugs. His suggested that we build a berm, or bring in lots and lots of dirt (after the land being surveyed & engineers brought in for a solution, gotten DNR approval etc.).

My question is: Can a neighbor damage our property and not have any liability???

Sorry to have been so wordy, but I thought it was necessary.

Thank you for your time and response.


Asked on 9/03/03, 7:53 pm

2 Answers from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Flooding inevitable

Hello,

I concur with the analysis from Mr. Schober.

Best wishes,

Mark J. Mahoney 920-984-4529

Read more
Answered on 9/04/03, 8:29 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Flooding inevitable

While your neighbor may have met federal guidelines and obtained DNR approval, you may still have two possible courses to take to protect yourself. First, it can be ascertained as to whether local laws may have been violated. Second, in 1974, Wisconsin abandoned the "common enemy doctrine" with respect to water, and replaced it with a "reasonable use" standard. Under this case law, you may have recourse against your neighbor if what he did was not reasonable use of his land with respect to what it caused with respect to the reasonable use of your land. These are fairly complex legal issues and you should consider obtaining competent legal counsel.

Read more
Answered on 9/04/03, 11:04 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Wisconsin