Our neighbor has been using sandbags and a large tree truck to block the natural water flow from our 1 1/2 acre hillside lot. Our entire lot is wooded, and this blocking of the water is killing large mature trees on the border and just inside of it due to them being partially flooded. My husband asked him to stop this, but he has been ignored. They also built an earthen berm to divert water. The neighbors property has flooded during heavy rains, and has had this issue from the beginning since their house has been built. Our tees are dying, and one has fallen on our neighbors house, not once, but twice. This last time my husband was having help to cut a partially dying tree due to the neighbors drowning the trees, and it fell on the corner of the house. Isn't this contributory negligence? They have created this and have done nothing!
1 Answer from Attorneys
Dear Troubled: You have a proper claim (cause of action) agsainst your neighbor for interference with the natural and normal flow of water, i.e. riparian rights. There are also other causes of action, and each wrongful act, each day, may be considered a separate claim for damages.
I urge you to consult an experienced Attorney ASAP, to protect your rights and interests.
J. Norman Stark,