QUESTION
I have a neighbor who is flooding our street and subsequently my driveway. I was told that he can do this. What can I do to stop this problem?
Asked on Apr 10th, 2017 on General Practice - New York
More details to this question:
We live in a flood zone and one neighbor has his sump pump dug so deep that it is constantly draining water. The water shoots across the road and then goes down the street so there is always a river flowing at the end of our driveways. My driveway gets flooded every year but this neighbors water and it will be June/July before I can walk out of my driveway without my feet getting wet. I was told that there is no law against dumping water in the road and nothing can be done. It was suggested that I need to repair my driveway to eliminate the water accumulating in my driveway. It still does not eliminate the water that would be constantly at the end of my driveway. I don't know what I can do.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
If this was a case of a stream, pond or storm water that flooded your property due to good-faith improvements made by your neighbor to his property, you would have no recourse. However, your neighbor is not allowed to use "artificial means" to direct water onto your property, which includes ditches, pipes- and certainly pumps. Start by making a complaint to the local government office that handles building code and plumbing code violations, and ask for an inspection. It sounds like the sump pump was negligently installed. If the building inspection doesn't result in a violation, that doesn't necessarity mean you have no case. Local governments are sometimes extremely selective in issuing violations- which is illegal- and you may need a lawyer to get anything resolved.
Answered on Apr 16th, 2017 at 2:25 PM