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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27669
Experience:  JA Mentor
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Concerning damage by flooding to a neighbor's home: My home

Customer Question

Concerning damage by flooding to a neighbor's home: My home is being worked on by a plumbing company. The plumbers piled dirt and other debris in my yard. There was a heavy rain that night. The neighbor wants me to pay for the damage to his home. Am I liable?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 6 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. The owner of real estate has an obligation to use and enjoy his property in a manner so it doesn't interfere with the neighboring owner's use and enjoyment. If it can be established that the pile of dirt and debris in your land caused your neighbor's yard to flood, then as between you and your neighbor, you would be the responsible party. This is because it's not fair for your neighbor to have to spend money to fix a problem caused by your contractors (and, arguably, you had an obligation to cover the pile or otherwise secure it if a reasonable person would have spotted the danger of flooding). Your neighbor doesn't have a contract with the plumbers and therefore cannot sue them. So that means, yes, they do have a right to seek reimbursement from you. Start by talking to the plumber. They caused the problem by leaving an unsecured dirt/debris pile in your yard. Their insurance company should handle it. If they won't or can't, then call your homeowner's insurance to see if they can help pay the neighbor and try to get compensation from the plumber. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Expert:  Lucy, Esq. replied 6 months ago.
Did you have any other questions about this?