Legal Question in Real Estate Law in Nebraska

Church draining water on my property

A church was built next to my house. They raised the property 3 feet above the natural land line. The property was landscaped slanting directly toward my property. The rain gutters face toward my property. Every time it rains, the water flows directly onto my property. My yard floods and it has caused damage to my garage and a shed. I have asked them to rectify this problem and they have not. I have talked to the city officials and they say it is strictly a civil matter. Are there any laws which prohibit the church from dumping their water on my property? And what can I do to force them to stop their ''dumping''?

Asked on 5/21/08, 10:28 am

2 Answers from Attorneys

Michael McClellan Gast & McClellan

Re: Church draining water on my property

Surface water runoff is becoming an increasingly significant problem. A landowner cannot change a natural drainage pattern to increase surface water runoff on neighboring land. You have recourse, but it is a civil matter.

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Answered on 5/21/08, 10:38 am
Duke Drouillard Drouillard Law, LLC

Re: Church draining water on my property

Making an appointment to discuss it with the church board would probably be the most efficient and least expensive solution. Otherwise, you would need to hire an attorney to bring civil suit for trespass against the church. Lawsuits against churches aren't usually favored, but in this case you should have a good chance of prevailing.

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Answered on 5/21/08, 11:55 am

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