Our neighbor’s driveway is sloped towards our house and heavy rains wash out all of mulch and walking path material. Do we have any recourse?

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Our neighbor’s driveway is sloped towards our house and heavy rains wash out all of mulch and walking path material. Do we have any recourse?

Asked on June 2, 2009 under Real Estate Law, Mississippi

Answers:

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

Answered 12 years ago | Contributor

I recently litigated a case where a builder built a new home and the driveway was built in a way that caused surface water to flow from the property onto my client's property and flooded her basement when it rained.  Unless you can really show that the owner did something to cause surface water to run off onto your land, then the water flow is most likely a natural cause and there is not much you can do.  You can try to write a letter and ask the owner to fix the problem or compromise to fix it together.  You just do not want to have an angry neighbor if you intend to be there for awhile.


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