Legal Question in Real Estate Law in New York

Encroachment on property

Is it legal for your neighbor to wash his yard and allow the water and sand debris to run over to your property and drain through your drain hole in yard? What happens when your drain gets clogged?


Asked on 10/31/07, 6:23 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Encroachment on property

Generally, a landowner will not be liable for damages to abutting property for the flow of surface water provided the water is not intentionally drained into the other property. See, Cottrell v. Hermon

170 A.D.2d 910, 566 N.Y.S.2d 740 (1991).

Mike.

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Answered on 11/01/07, 8:35 am


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