A few centimeters can cost a fortune. The law is on the neighbor’s side

Flooding of neighboring properties after changes in the terrain, drainage or pumping out water is one of the most common reasons for conflicts between plot owners. The applicable provisions of the Water Law prohibit such activities if they cause damage to adjacent land. In certain cases, the injured party may demand restoration of the previous condition as well as compensation.

The law prohibits changing the water flow

Pursuant to applicable regulations, the landowner may not change the direction or intensity of rainwater or meltwater outflow to the detriment of neighboring properties. It is also prohibited to discharge water or sewage onto someone else’s property or to create obstacles that impede the natural outflow of water.

Liability may apply not only to intentional actions. Consequences may also be caused by ill-considered works, such as raising the ground by several dozen centimeters, constructing a concrete driveway without a drain, building a retaining wall or draining water from the roof towards the plot boundary.

First the interview, then the office

If a problem arises, experts recommend starting by trying to resolve the dispute amicably. Talking to a neighbor or providing a written notice to correct the problem may later constitute important evidence in the proceedings.

At the same time, the property owner should not redirect water, build embankments or make drainage ditches on his own. Such actions may lead to further violations and deepen the conflict.

Evidence and causation are key

The commune head, mayor or city president may order the restoration of the previous condition or the implementation of devices to prevent further damage, such as drainage, a retention reservoir or changing the slope of the area. For this to be possible, it must be demonstrated that the neighbor has made changes affecting the water outflow, damage or harmful impact has occurred and there is a connection between his actions and the flooding of the plot.

Administrative proceedings will not be initiated if more than five years have passed since the information about the harmful impact was obtained.

Documentation can determine the outcome of a case

The injured person should collect photos and recordings showing the direction of water flow, bills documenting the losses incurred, statements from witnesses and correspondence with the neighbor. The authority conducting the case may conduct an inspection, question the parties, and in more complicated cases appoint an expert.

Compensation for the damage suffered may be sought in civil proceedings. Well-prepared evidence can significantly facilitate and speed up the resolution of the case.