Water is flowing from your neighbor’s property onto yours—flooding your yard, damaging your foundation, or ruining your landscaping. While natural water flow generally isn’t actionable, if your neighbor altered their property in ways that send water your way, you may have legal recourse.
Quick Answer
You can sue your neighbor for water damage if they made unreasonable changes to their property that redirected water onto yours. Natural drainage isn’t typically actionable, but if your neighbor’s construction, grading, or landscaping changes created or worsened the problem, they may be liable for the damage.
When You Can Sue
Artificial Changes Causing Runoff
Your neighbor may be liable if they:
- Graded their property to direct water toward you
- Built structures that channel water onto your land
- Installed drainage systems that discharge onto your property
- Paved surfaces that increase runoff volume
- Removed vegetation that previously absorbed water
- Altered natural drainage patterns
Failure to Maintain
- Clogged gutters overflowing onto your property
- Broken drainage systems
- Neglected retaining walls causing erosion
When You Typically Cannot Sue
Natural Conditions
Generally, neighbors aren’t liable for:
- Natural topography directing water downhill
- Rainwater following existing drainage patterns
- Pre-existing conditions when you bought your property
- Normal surface water from precipitation
Minor Inconveniences
- Occasional puddles that dry quickly
- Minimal dampness that doesn’t cause damage
- Trivial amounts of water
Legal Theories for Water Damage Claims
Negligence
Your neighbor failed to use reasonable care in managing water on their property. You must prove:
- They owed you a duty of care
- They breached that duty by unreasonable actions
- Their breach caused your damage
- You suffered actual damages
Nuisance
Their water management substantially interferes with your use and enjoyment of your property.
Trespass
They intentionally caused water to enter your property.
What Damages Can You Recover?
- Property repair costs: Foundation, landscaping, structures
- Diminished property value: If damage is permanent
- Personal property damage: Ruined belongings
- Loss of use: If property is unusable during repairs
- Hotel/housing costs: If your home is uninhabitable
- Mold remediation: If water caused mold growth
- Injunctive relief: Court order requiring neighbor to fix the problem
Steps to Take
1. Document Everything
- Take photos and videos of flooding and damage
- Record dates, times, and weather conditions
- Photograph the source of the water
- Document your neighbor’s changes to their property
- Keep a timeline of incidents
2. Talk to Your Neighbor
- Explain the problem calmly
- Ask them to address the water flow
- Put your request in writing
- Give them reasonable time to respond
3. Get Expert Assessments
- Consult a civil engineer about drainage patterns
- Get repair estimates from contractors
- Document the cause of the problem professionally
4. Check Local Ordinances
- Many localities have drainage codes
- Report violations to code enforcement
- Local authorities may require your neighbor to fix the issue
5. Send a Demand Letter
- Formal written demand describing the problem
- Documentation of damage and costs
- Deadline for response
- Statement that you’ll pursue legal action if necessary
6. Consider Mediation
- Less expensive than litigation
- Can preserve neighbor relationships
- Many communities offer low-cost mediation
7. File a Lawsuit
- Small claims court for smaller amounts
- Civil court for larger claims
- Can seek both damages and injunctive relief
Insurance Considerations
Your Homeowner’s Insurance
- May cover sudden water damage
- Usually excludes flood damage and gradual seepage
- Check for water backup coverage
Flood Insurance
- Required for flood damage, even if caused by neighbor
- Standard homeowner’s policies exclude rising water
Neighbor’s Liability Coverage
- If they’re liable, their insurance may pay
- Your insurer may pursue them through subrogation
Water Law Doctrines
States follow different rules for surface water:
Common Enemy Rule
Property owners can protect their land from surface water without liability, including diverting it onto neighbors. Modified versions require “reasonable” conduct.
Natural Flow Rule
Property owners cannot alter natural drainage patterns to harm neighbors. More protective of downhill property owners.
Reasonable Use Rule
Property owners can make reasonable use of their land even if it affects water flow, but unreasonable alterations causing harm create liability.
Frequently Asked Questions
My neighbor’s new patio is flooding my yard. Can I sue?
Possibly. If the patio redirected water that previously drained elsewhere and is causing significant damage, your neighbor may be liable. Document the change, the new water flow pattern, and your damages.
What if the water damage causes mold?
Mold remediation costs can be included in your damages. Document the mold, get professional assessments, and keep all remediation receipts.
Can I just redirect the water back to their property?
Risky. Taking matters into your own hands could make you liable if it causes damage to their property. Consult an attorney before altering drainage.
My neighbor’s pool overflows during storms. Is that my problem?
Not necessarily. If their pool installation created drainage problems that didn’t exist before, they may be liable for resulting damage.
The previous owner caused the problem. Is the new owner liable?
Often yes. Current owners typically inherit liability for ongoing conditions on their property, even if they didn’t create them.
When to Contact a Lawyer
Consider consulting a property attorney if:
- Water damage is ongoing and significant
- Your neighbor refuses to address the problem
- Structural damage has occurred
- Code enforcement hasn’t resolved the issue
- Damage exceeds small claims limits
- You need an injunction to stop the water flow
For smaller claims, small claims court may be the most practical option. An attorney consultation can help you understand your rights and the best approach for your situation.
