changing elevation
Is there a law that prevents a homeowner in a subdivision from adding tons of dirt to his yard that creates a change in elevation which causes severe flooding in the yard of a neighbor when it rains? Thanks!
Asked on 3/28/03, 10:00 pm
2 Answers from Attorneys
Richard Orintas
Orintas Law Firm
Re: changing elevation
You should consult your subdivisions "Bill of Assurance"...
Answered on 3/29/03, 5:16 am
Tim Wishart
McMahons National lawyers
Re: changing elevation
The common law position is that a person may not bring anything onto his leand that causes a nuisance.
If there is the prospect that the fill will cause damage to your land then I suspect you have a right to apply to the court for an injunction to require the offending party to take steps to remove the risk of injury.
Answered on 3/30/03, 5:36 pm
