Can the owner of a property intentionally divert water from their property to their neighbor’s property?

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Can the owner of a property intentionally divert water from their property to their neighbor’s property?

My next door neighbor has a lot of run off from his driveway when it rains. He has built a berm to divert the water into a ditch that he has dug that causes the water to drain onto my property. He also has 2 gutter drain pipes that drain onto my property. The ditch and the pipes end at the property line.

Asked on June 24, 2018 under Real Estate Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your neighbor for nuisance which is an unreasonable interference with the use and enjoyment of your property.
Damages (monetary compensation you are seeking in your lawsuit) are an inadequate remedy because land is unique and because of multiplicity of lawsuits due to the continual and ongoing flooding of your property.
Since damages are inadequate, your remedy is an injunction to stop your neighbor from flooding your property.


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