Legal Question in Real Estate Law in Virginia

I live in a townhouse and my neighbors gutter drains into my flower bed. IN VA we have a large amounts of rain and this causes my flower beds to flood over onto my porch. Each time my mulch and landscape in the flower bed are washed away and I fear for damage to my porch.

I have spoke to my neighbor and they do not seem to care as long as their is no damage to their property. Is there a way I can get them to relocate their gutter to drain onto their property and stop damaging mine?


Asked on 4/05/10, 12:17 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If I understand correctly, you OWN not only your home but also the outside area and yard area. I assume this is nto a co-op where the outside is not yours.

Yes, it is possible to legally require them to stop any damage to your property from water sent onto your property from their property.

Of course the amount of money involved (the amount of damages) will be so small that you cannot afford a lawyer.

However, the law of "trespass" applies whether someone physically enters your property with their own body or if they (for example) throw sometihng onto your property.

It is also "trespassing" if someone causes water to enter your property from their property, especially if it causes damage.

To prove a case of trespass from water entering your property you would have to show that the neighbor either intentionally caused the water to trespass onto your property or KNEW about it happening repeatedly so that repeated occurrences become the same as if they are deliberate.

Here the gutters are an artificial circumstance created by the neighbor (or by their agent a contractor). You have repeatedly warned them, so the repeated situation becomes equivalent to deliberate.

SO you could go to small claims court and sue them for any damages to your property.

Your biggest problem would be proving that your property has been damaged and trying to prove a dollar amount of the damage.

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Answered on 4/10/10, 2:00 pm


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