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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7217
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Who if legally liable if flooding from one property damages

Customer Question

Who if legally liable if flooding from one property damages items on an adjacent property.
JA: Where is the property located?
Customer: Las Cruces, NM
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 1 year ago.

It depends on how the flooding occurs. If the property owner did something that altered the natural flow of water that caused it to divert and damage neighboring property that is an issue. Further, if local laws required the neighbor to take action to avoid water from flowing onto the neighbor's land and they filed to abide by the legal requirements they would be liable.

Can you please explain the situation a little more?

Expert:  Attyadvisor replied 1 year ago.

For Las Cruces New Mexico the Land Development Code sets out the requirements for drainage and flood control.

This can be found at Chapter 34 – Drainage and Flood Control

https://www.municode.com/library/nm/las_cruces/codes/land_development_code?nodeId=PTIIIDECO_CH34DRFLCO

If you have any questions with regard to Flood Control requirements you can contact

Contact Information:

J.D. Padilla, CFM
Floodplain Administrator(###) ###-####br />*****@******.***

Or contact the City at

700 North Main
Las Cruces, NM 88001(###) ###-####/p>

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

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