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Old 09-06-2012, 08:58 AM   #1
JohnStar9
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Neighbor's construction flooding my property.

I live on the New Jersey shore in a great neighborhood. Only four houses on my block with woods across the street and wetlands 125 feet to the right and directly behind me. About a year ago we were surprised to find someone was going to build on one of the lots behind my property. A property that had a standing pond on it. Fast forward one year. They have filled the property, built a beautiful home, and now when it rains I get water creeping on my property ten feet on two sides. I have never had water on my property. Additionally, a 150 foot section of the street now floods. That has also never happened. Not to mention my neighbor, who already had flooding issues, cannot even walk to his front steps because of the ankle high water on his whole property. The builder has dug swails which seemed to make a bad problem worse. I am just not sure there is anywhere for the water to go because we are are only about 12" above the water table. My neighbors and I have been in contact with the new neighbors (who I feel awful for), the builder, his engineer, and the township engineer. So far, no solutions. I am open for any suggestions. As far as legal action against the builder, I am told I cannot name him in a lawsuit without including the new homeowner. Not sure if that is true but I feel like I am running out of options.
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Old 09-06-2012, 10:01 AM   #2
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Default Re: Neighbor's construction flooding my property.

One always has options. You and your neighbor need to contact an hydraulics engineeer to inspect the property, what was done, how much the grade was changed to cause runoff onto your properties. The counties often have aerial views of all property in the county and the engineer should be able to tell how much filling the pond and changing the grade caused the drainage/runoff problem. Water as you describe is going to be a continuing, ongoing problem so it needs to be remedied. The hydraulics engineer should be able to design a cure to the problem and give you an estimate of the cost.

Then contact a real estate attorney (who litigates), to advise you of your remedies.

The neighbor caused the problem by hiring a contractor or contractors to fill the pond, change the grade, and turned vegetation to non permeable surfaces (roof, driveway, walkways) and you and your neighbor are suffering the consequences.

Your choices are to ask your neighbor and his workmen to cure the problem, pay for the remedy the engineer (and maybe township, too, since he's flooding the road). Perhaps his insurance will pay or he may choose to do so with or without the contractor's contribution. If not, you may then seek your remedy through the courts.

One always has options. Yours are to remedy the continual, ongoing water problem to your property [reduces valuation, so you are suffering economic as well as physical damage] OR, do nothing. And take the financial bath.
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Old 09-06-2012, 10:48 PM   #3
andreas
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Default Re: Neighbor's construction flooding my property.

I'm also interested in this issue because in my area, I have also a neighbor who's building a home. Problem is that their excess water from their bathroom is flowing in my property. I keep on telling them to make a ditch but they don't head me. What can I do about it?
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Old 09-07-2012, 12:04 AM   #4
Lexus
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Default Re: Neighbor's construction flooding my property.

Flooding due to construction or remodeling on the home is the responsibility of the contractor performing the work and your neighbor. The source of the flooding is very important, as it determines if your neighbor is the only defendant in the case. Failure of the neighbor to maintain his property, causing the flood, makes him the sole defendant in the case.
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Old 10-16-2014, 03:45 AM   #5
markgrogan
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Default Re: Neighbor's construction flooding my property.

I know that this is a super late reply to a situation that happened 2 years ago, but I'm keen to know how this was rresolved if at all. But if it's okay for me to add in my 2 cents worth of advice, I really think that it's commendable that you've got your neighbours on your side for this. If you're feeling bad for your new neighbours, then I suppose it's safe to assume that they're keen to get things resolved and it's just the builder that's giving you a problem? Why not try working a deal into it all, like getting them to keep some of your stuff in their storage so things don't get water damaged - at least until they resolve everything?
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Old 03-31-2015, 01:50 AM   #6
adrianppuckett
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Default Re: Neighbor's construction flooding my property.

You can claims for this to your insurance, they will come and analysis the scenario. If the feel that some third party is responsible for this like the neighbour or plumbing company. They ask them to pay for recovery and then return the recovery amount to you.
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Old 07-19-2016, 03:04 AM   #7
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My basement is flooded due to the repair of my neighbor of the driveway, the pavement is higher than my building and the water is running right in front of my door going to my basement
Whom can I contact to report this matter.
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Old 07-25-2016, 11:57 AM   #8
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Default Re: Neighbor's construction flooding my property.

Contact the city office that issued the building permit and/or the firm that did the construction.
If the firm caused it they can be held liable.
Neighbors can't construct (even on their own land) such that it then dumps it all on, unreasonably drains on, or damages, your property.
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Old 07-26-2016, 05:49 AM   #9
maywest
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Default Re: Neighbor's construction flooding my property.

Or sue the neighbor in small claims or regular court.
They can't construct on their land so that it then floods yours.
I sued my neighbor in CA for exactly the same issue, and won!
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Old 07-26-2016, 05:33 PM   #10
ejay
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Default Re: Neighbor's construction flooding my property.

All reputable drive way construction companies know you cannot drain onto a neighbor's property.
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