In Oregon is landowner responsible for storm water drainage

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In Oregon is landowner responsible for storm water drainage

Have a home built 12 yrs ago in Development. New home
builder below my lot is saying I need to put in storm water
abatement equipment gutters, dry well. Who is liable?

Asked on June 10, 2018 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are liable only if you have done something (e.g. some form or type of land- or hardscaping) which enhances the run off beyond what it would be otherwise. Your liability depends on fault--on doing something to cause or exacerbate the situation. If you have done nothing to cause or increase the problem--if this is the natural amount of run-off or storm water drainage that one would expect given the lay or slope of the land--you are not liable and have no obligation to remediate the situation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are liable only if you have done something (e.g. some form or type of land- or hardscaping) which enhances the run off beyond what it would be otherwise. Your liability depends on fault--on doing something to cause or exacerbate the situation. If you have done nothing to cause or increase the problem--if this is the natural amount of run-off or storm water drainage that one would expect given the lay or slope of the land--you are not liable and have no obligation to remediate the situation.


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