Question: I share a block fence with a neighbor in our
Chandler subdivision. This neighbor over-waters her landscaping,
and the water flows into my backyard. When I contacted her she
said that the flooding in my yard was my problem because she had
the right to water her landscaping. Do I have any recourse against
this neighbor?
Answer: Yes. The leading case on water damage to a neighboring
property owner is still the Rylands v. Fletcher decision by the
British House of Lords in 1865. In this decision the British House
of Lords ruled that an owner of property is not liable for the
natural flow of rainfall onto the land of a neighboring property
owner. If the owner of property diverts this natural rainfall,
however, the owner of the property is liable for any damage to
the property of the neighboring property owner. Although the flooding
damage to your property is due to over-watering, and not rainfall,
the same rule applies. Therefore, your neighbor is liable to you
for any monetary damages such as the cost to repair the flooding
damage. In addition, you are entitled to file a lawsuit to request
an injunction against your neighbor to prohibit the over-watering
of the landscaping.
