My neighbors new gutter system drain the roof water right onto my driveway - is this legal?

Question

I'm concerned becuae of the possibility of asphalt damage and of ice buildup on my driveway.

Answer 1

Favorite Answer

No, that's not the proper way. If there is a way for the water to drain onto his property, then he's supposed to do that. I wouldn't approach him angrily or talk about laws -- instead, tell him you have plenty of your own drainage problems, and can you two talk about his moving the outlet so it doesn't drain into your yard or driveway. If he's reluctant, tell him you know it's inconvenient, but you really don't want that added water. You don't have to push the legal aspect -- once he thinks about it, he's going to realize it's not legal.

But if he really doesn't have a good alternative, you might have to work with the guy to find a way to drain the water onto your land so that it doesn't bother you. Like he could pay to have an underground pvc pipe to take the water to the street. In my neighborhood where the houses are really close together, sometimes this is the best way. If my neighbor didn't drain his gutters via a pipe on my land, he would have to pump it uphill from his back yard out to the street.

Answer 2

No the neighbor can NOT do that. It is causing damage to your own property by doing this,and that is criminal damage to personal property. I would take pictures,file a complaint with local authorities and then sue the neighbor for the damages done to your property,fence,etc that this caused. That person has some nerve doing that. Make sure you get a good lawyer and get all you can out of this lawsuit. Good luck

Answer 3

Same here in Canada. Nothing your neighbor installs on their house or in their yard "may cause a hazard on [your] property or impinge on [your] use or enjoyment of that property."

Ask them to change it first, if they don't within a reasonable time (usu. 30 days), call your local bylaw officer.

If they still don't change it, just inform the City again. If runoff from their roof onto your driveway or into your yard causes damage, don't worry, your insurance company will sue their asses off.

Answer 4

Hi UK builder here, in the UK this is not legal, both through building regs , Water By-laws, BUT ALSO if you willfully cause a hazard whereby a person could be injured through act or deed you could Sue If you tell your neighbor that you have slipped and its only a matter of time before you hurt yourself, unless they correct this issue. You should be looking towards this solution its much quicker and cheaper for you.

Answer 5

No! Most building and zoning codes require a property owner to capture run off on their own property. The exception is that most building codes require water to be directed to the street.

Answer 6

Depends. If the house abuts the property line, its legal.

If the neigbor is diverting water from one place on her property across a distance and onto yours, thats not allowed.

Answer 7

Certainly wasn't a NICE thing to do, sheesh. Check with your municipality or county building inspector (if you have them). There might be ordinances in place to protect your rights. Contact a lawyer as well.

GOOD LUCK!

Source(s): Neighbors suck

Answer 8

He needs to drain it onto his own property. It is not legal.

Answer 9

Yes this is illegal. His runoff is supposed to drain off into their yard.

Answer 10

No way, it would be like pissing in their yard!