having problem with neighbor on installing gutter on my property what kind of lawyer do i need

by Karley Lind 6 min read

Are gutter installations subject to neighbours disputes?

The installation of a gutter is no exception to the rule and is subject to certain regulations that it is useful to know in order to avoid any disputes between neighbours.

What to do about gutters draining into neighbor's yard?

If you have a homeowners association they can act as a go-between for dealing with the neighbors and may be able to help with information about HOA rules and local laws around gutters draining into neighbors yards. In order to look into any utility and drainage easement, go to your County Courthouse.

Can you put gutters on the wall of a garage?

The only effective solution to make a gutter is to call a roofer/worker who will make what is called a zinc gutter with a box for the evacuation of rainwater. This gutter can be placed on the wall of your garage and the EP descent can either be inside the garage or at the end. Is it necessary to put gutters?

How do you install a gutter on a wall?

To install a gutter on a wall drill through the wall at the correct distance from the gable. Ankle and screw the collars. Secure the gutter downspout in its collars and screw them into the final position, taking care to position the drain manhole at the end of the downspout.

How do I stop water from draining in my neighbor's yard?

How To Stop Water Runoff From Neighbor's Yard: 5 Simple WaysBuild a Berm. ... Route the Water into a Dry Well. ... Use a French Catch Basin. ... Residing at the Bottom of a Slope. ... Your Neighbor Makes a Change to Their Landscaping. ... Severe Weather Conditions. ... Drowns Your Plants and Grass. ... Turns Your Yard Into a Pest Paradise.More items...

Who is responsible for surface water?

So, who is responsible for surface water? It's a tricky one. Water and sewerage companies (WaSCs), local authorities (LAs) and the Environment Agency (EA) all have parts to play, and their responsibilities often overlap.

Can a neighbor drain water onto your property NSW?

Generally, the law requires all owners to address their own water needs and restricts any development from increasing the natural flow to their neighbour. To avoid damaging your own or a neighbour's property, you must make sure that your property's stormwater system is connected to a legal point of discharge.

How do you deal with water runoff?

10 Ways To Manage Runoff WaterAdd plants. Incorporate plantings, especially in areas where runoff collects. ... Protect trees. Like other plant roots, tree roots help absorb and filter runoff. ... Break up slabs. ... Go permeable. ... Catch runoff. ... How to Divert Water Runoff from Driveway. ... Plant a rain garden. ... Cover soil.More items...

Should I be paying surface water drainage?

You should only be charged for surface water drainage for areas which, directly or indirectly, drain into public sewers.

Who is responsible for rainwater drainage?

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it's blocked, contact your local water company.

Can I sue my neighbor for water damage?

Water Damage Caused by Carelessness If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.

Can a Neighbour drain water onto your property?

There is a right to natural drainage. This means that water flowing naturally across the surface of the land is permitted to flow downhill naturally onto your neighbour's land. You must not channel the flow of water in such a way as to cause damage to your neighbour's land.

Who is responsible for stormwater runoff NSW?

the local councilsIn NSW, the local councils manage stormwater on public land like parks and roads, but also private landowners who pay a levy for stormwater management. This means that if stormwater is draining from another private property onto yours, the council can be informed and intervene.

How can I direct rainwater away from my house?

How To Divert Water From The HomeClean Your Gutters. This task is both simple and free. ... Extend Your Downspouts. ... Create A Rain Garden. ... Install A Rain Barrel. ... Seal The Driveway. ... Install A French Drain. ... Improve The Grading. ... Install A Sump Pump.

How do you handle roof runoff without gutters?

How To Collect And Divert Water From Your Roof Without GuttersSite Grading. ... Install A Drain Tile System. ... Develop a Rain Garden. ... Develop Dry Stream Beds. ... Dig Swales. ... Build A Dry Well. ... Construct A Water Reservoir. ... Install A Sump Pump.

How do I redirect water flow in my yard?

Dig a Swale. A swale is a shallow trench that redirects water to where it can be safely released. ... Construct a Dry Stream. Like swales, dry streams redirect water and prevent runoff damage. ... Grow A Rain Garden. ... Build a Berm. ... Route Water Into a Dry Well. ... Lay Pervious Paving.

Can Your Neighbor Drain Water on Your Property?

The rules regarding the natural flow of water drainage vary from state to state. In general, a neighbor is not responsible for the damages caused by the natural flow of drainage. If your location’s prevailing rain conditions and geography cause rainwater to accumulate on your property, no one is to blame.

Common Enemy Rule

This rule considers rainwater and other natural water flow a common enemy of homeowners as everyone in the community has equal chances of being affected by the natural water resources.

Civil Law Rule

The common enemy rule allows all property owners to take the necessary steps to save their own properties without considering the damages done to the neighboring parcels. As a result, people need a better law that provides a comprehensive solution for everyone without promoting a selfish attitude.

Law of Reasonable Use

The law of reasonable use provides a wholesome approach to this issue. Many U.S. states have adopted this law to deal with the illegal drainage of gutters on a neighbor’s property.

Discussing the Issue with Them

You can talk to your neighbor regarding the illegitimate drainage of their gutter on your property. Try to behave in a convincing way to avoid any potential confrontation. You may be able to explain to your neighbor how their gutters are damaging your property.

Hiring an Architect

Since legal proceedings are expensive, we emphasize solutions that do not require you to file lawsuits. One cost-effective solution to neighbor’s gutter drainage on your property is hiring an architect to assess the possible solutions.

What If You Share a Common Drain Pipe?

In densely populated areas, people usually have common drain pipes that transport waste to the nearby treatment facilities. These pipes are generally located over the boundary lines of your property for the convenience of neighbors.

Can a neighbour say anything about the gutter?

So the neighbour taking the rainwater on their property will not be able to say anything.

Do gutters overhang on property?

Legally speaking, you own the airspace above your land, thus your neighbours guttering should not overhang on your property and they are trespassing. In accordance with the Code of Laws, any owner of a building is obliged to provide a system for evacuating rainwater from his roof so that it flows either to: his own land, public roads. ...

3 attorney answers

I don't disagree with Mr. Hobbs, but often Associations won't get involved in matters between two neighbors that have no affect on the Association or common areas. I also agree that you need to speak to your neighbor, who may be as oblivious as you were about what's going on up on the roof.

Jody Lynn Peskin

Although it may be late to inquire, there may be original contractor liability here. And your neighbor may also have damage in the common wall. It is good advice to talk to your neighbor as soon as possible. Invite him over for tea and cookies, and to view your damage, and your estimates to fix it.

Mark Alan Mackin

I find it hard to believe that you live in a 12 year old townhouse that has no association associated with it. It would be very surprising if the local authorities allowed that to happen. I think you should contact your local property registrar (recorder? clerk?) and ask them to see if in fact you are in an association.

What to do if your neighbor rents from a different landlord?

Contact Your Neighbor’s Landlord for Help. If your troublesome neighbor rents from a different landlord, consider contacting that landlord. Depending on where you live, your neighbor’s landlord might have a legal responsibility to take action, especially if it's a serious situation, such as drug dealing.

What to do if your neighbor is violent?

If you have any concern that your neighbor could react aggressively or violently to your request, consider asking a third party to help you address the problem. As a renter, you can ask your landlord to intervene, and request that your landlord not tell the neighbor who made the complaint.

What happens if your landlord refuses to help you?

If your landlord refuses to help (for example, by evicting the tenant who’s unreasonably disturbing you), you might be able to withhold rent or legally break your lease.

What happens when a landlord slams a door loudly?

When an annoying situation is something within the landlord’s control—such as another tenant parking in your assigned spot or a common door that slams loudly multiple times during the night—your landlord might have a duty to take measures to restore the peace.

Do tenants have the same rights as homeowners?

In fact, tenants have the same rights as homeowners under local laws that regulate activities that could disturb neighbors, such as making excessive noise. And you don’t necessarily need to solve the problem yourself: Your landlord might have a duty to help.

Can noisy neighbors be noisy?

Although noisy neighbors are especially annoying when you share walls, they can be a problem even when you rent a single-family home. No matter where you rent, you don’t have to put up with loud music or frequent parties, especially late at night or early in the morning.

Do tenants have a right to quiet enjoyment?

Many courts have held that tenants have a right to quiet enjoyment even then their lease or rental agreement is silent on the matter. Enlist your landlord’s help in resolving the situation (especially if you’re concerned about approaching the offending neighbor on your own).

How to resolve a dispute with a neighbor?

A simple over-the-fence chat or visit may be all that is needed to resolve a dispute with troublesome neighbors before things get antagonistic. Your neighbor may simply not realize that the dog he adores is barking at you all day while he (the neighbor) is at work. That fence you think is an eyesore may be the height of fashion for your new neighbor, who also thinks they have done a good job by enclosing their yard with a fence to keep their pets and kids off your property. Even the way the home is used could cause misunderstandings. Your new neighbor may not think that using the home as an Airbnb when they travel is a problem, but they do not have to live with the late-night partiers who rent from them.

What to do if your neighbor's yard is creeping?

If things are creeping from your neighbor’s yard to yours, simply cleaning up and calling an exterminator can help. If the pests in question are the homeowner’s pets, they have the obligation to control their animals and restrain them. Asking for assistance can help, as can building a fence.

How to deal with noisy tenants?

Dealing with tenants who are simply noisy can be resolved by a call to local law enforcement. Either the visit will deter the tenants from making noise or it will alert the homeowners to a problem.

What are the guidelines for a HOA?

Most HOAs have clear guidelines for everything from landscaping to the height of fences or the color of the home. If your disruptive neighbor is not caring for his lawn, has erected a horribly ugly fence, or has painted his home bright orange, the HOA will step in and has more authority than you do.

Why is my view of the valley gone?

Your stunning view of the valley is gone overnight thanks to your neighbor’s new fence or other alteration. Unfortunately, you usually do not have a right to a specific view; the only exception is if your neighbors put something up simply out of spite to block your view.

What happens if you outlaw chickens?

crow could be waking everyone in the neighborhood. If your community outlaws chickens (or roosters), you can hand the problem over to the government.

Is water damage covered by homeowner's insurance?

Water Damage. Most damage to your home is covered by your homeowner’s policy, but if your neighbor is actually causing the damage by something they have built or the way they are using your property, your local public works or government zoning agency can help.