if damage from 1 property is damaging another what can I do.

UPDATED: Jun 28, 2009

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if damage from 1 property is damaging another what can I do.

The adjoining property has a septic water flow that constant run onto my property and damaging the yard what can I do.

Asked on June 28, 2009 under Real Estate Law, Missouri


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  If the water is flowing onto your property as a result of the neighbors septic tank (i.e. the neighbor is responsible for the flow of the water), then you may have a cause of action for surface water run off.  Gnerally, a person is not permitted to redirect surface water from their property onto anothers that causes damages.  If you are serious about this, get an engineer to look at the septic and the water drainage issue.  To save money, call the town  engineer department and make a complaint.  This way, the town does the work for you.  See if the town can get the neighbor to correct the problem without the neighbor knowing it was you.  I would go see the town asap.

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