We live on a hill. Due to poor lanscaping design our yard was not draining properly so we added a french drain. Now the lower neighbor is getting run-off and just complained. If we removed a raised flower bed border then the water would all flow downhill into his yard. With the border in place we use the fench drain to remove the water and send it out of the backyard. The water exit point is on our yard but does flow down onto his.
Are we obligated to respond to his complaint?
2 Answers from Attorneys
You have most likely created a "nuisance" so you probably need to address the issue.
The wording of your question is a bit confusing. However, the bottom line is that if you changed the contour of the land so that your neighbor now is getting runoff, you are liable for his damages. Consult with a local attorney.