Neighbors Water From Roof Drain Pipe On My Property

I have standing water as this area does not drain well at all.

Neighbors water from roof drain pipe on my property.

Every property owner may have a right to prevent his neighbor s land from draining onto or across his land if doing so does not cause harm to his neighbor. If surface water runs from your neighbor s land onto your land causing more damage than natural you are still expected to protect your land from this water. I told the neighbor i wanted the drain pipe moved over but all they did was put an elbow on the pipe so now it drains onto their side of the property. Every property owner has a right to drain water from his own land.

However the drain pipe is actually partially on our property and the runoff was dumping water into our driveway. A landowner may build a building pave her land or alter the contour of the land in a way that increases the amount of surface water that drains onto neighboring property or changes where it flows thus damaging nearby property. Diversion of water however if the runoff is caused by alterations of a neighbor s yard that causes more water to run down the land onto the neighbor s property legal recourse may be available. Generally neighbors are not held legally responsible for damage to a property that is caused by the natural runoff that occurs when rain or other precipitation meets the earth.

Some owners property is burdened with a flow of water across his or her property which he cannot divert. Landowners can take whatever steps they wish such as building dikes or drainage ditches. I live inside the city limits of charlotte my neighbor whose house is fairly close to mine has added a plastic drain hose to his downspout and it ends right on the property line sending his roof runoff to my lower property. To answer your question the drain pipe on my neighbor s property ends two feet from our down slope property directly gushing water under a property line fence onto our property.

Many states that still follow the common enemy rule however have modified it to make it less strict. The drain has contributed to water damage of two historic coast live oaks that are within 20 to 40 feet from it according to davey tree company.