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M-SO Message Board » Please help... » Archive through June 6, 2006 » Archive through April 24, 2006 » Surface runoff and soil erosion caused by neighbor - legal question « Previous Next »

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mcarmel
Citizen
Username: Mcarmel

Post Number: 8
Registered: 7-2002
Posted on Saturday, April 22, 2006 - 11:35 pm:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

My rear yard neighbors yard is sloped towards mine. Soil and surface water runoff are causing severe erosion of my lawn and causing soil to be washed into my driveway. We are not good terms. Can anyone confirm whether the neighbor is obliged to remedy the problem and assume the expense? I spoke with Maplewood Engineering Department and was told this is a "civil matter".
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eb1154
Citizen
Username: Eb1154

Post Number: 492
Registered: 5-2001
Posted on Sunday, April 23, 2006 - 9:13 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

I agree that it is a civil matter. I'm not positive, but if he didn't change anything in his back yard to cause the water to come in to your yard then I don't think there is much you can do. Best bet would be to speak to an attorney.
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Carla
Citizen
Username: Elbowroom

Post Number: 71
Registered: 9-2005


Posted on Sunday, April 23, 2006 - 9:25 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Discuss it with a landscaper who can give you some options. I don't think this is your neighbors responsibility.

Your neighbor may eventually have to address the problem on his side since he won't have any more soil left.
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Jgberkeley
Citizen
Username: Jgberkeley

Post Number: 4546
Registered: 5-2001
Posted on Sunday, April 23, 2006 - 9:32 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

This is alway a back in forth here in NJ. In So. Califorina, the law states that the owner of the property is responsible for the legal diversion of all storm or sprinkler water run off. But, not here in NJ.

It is a civil matter.

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kmk
Supporter
Username: Kmk

Post Number: 1188
Registered: 5-2001


Posted on Sunday, April 23, 2006 - 10:11 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

My neighbors live on the side of a very steep slope going up into the reservation...
I have seen videos of the torrents of water that come flying out of their rear neighbor's yard during a rain storm. There are literally hundreds of gallons of water that leap off of a 4 foot retaining wall a then crash down (and destroy) their back yard.

It has always been like that...even before they moved in...and they have been told they have no way of forcing a change.
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Joan
Supporter
Username: Joancrystal

Post Number: 7305
Registered: 5-2001
Posted on Sunday, April 23, 2006 - 10:49 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

We live in a very hilly area and water will seek the lowest point available. If you are downhill of someone else, you can expect to get their runoff. If the water flow from your neighbor is upsetting you perhaps there is some landscaping you can do or a drain that can be installed which will redirect the water flow.

From your description, it sounds as if your neighbor has the far greater problem and should be seeking some type of solution through regrading, landscaping and or improved drainage.

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