Legal Question in Real Estate Law in Massachusetts

Unwanted Water

My neighbor has a natural spring that empties quite a bit of water onto his property. His land has been graded and a trench has been dug to divert said water onto my property. Its been like this for 20 years but last year my neighbors house got a new septic exaggerating this pitch before selling the property. Can I block this trench so the problem remains his and not mine?


Asked on 6/30/08, 10:04 pm

1 Answer from Attorneys

Re: Unwanted Water

I suggest you contact your neighbor and explain the nw septic has changed the pitch of the land resulting in the volume of water coming on to your land to increase and it is becoming a nuisance and ask him to change the direction of the water away from your home.

If your neighbor is unwilling to do this, then you can go to the town and make a complaint to the building dept that this has become a nuisance and ask them to take action.

Your last alternative is to file a lawsuit claiming the change in topography has caused the drainage onto your property to create a flood onto your property and is creating a public nuisance and ask a court to order them to do what you asked. This last alternative is the most costly.

You can alter your own property to reduce the run-off impact as well.

Good Luck.

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Answered on 7/01/08, 1:34 pm


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