Neighbor Easement Problems With Water
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FAQ
In Wiggins v City of Burton, 291 Mich App 532 (2011), the Michigan Court of Appeals reaffirmed the long history of the natural flow doctrine and concluded that the artificial discharge of additional water onto someone else's land may constitute an actionable trespass.
As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor's property, it's not legally your neighbor's fault.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
?A landowner cannot use or improve his land so as to increase the volume of the surface waters which flow from it onto the land of others, nor can he discharge surface waters from his land onto the land of others in a different course from their natural flow, if by so doing he causes substantial damage.?
In South Carolina, water law follows what is known as the ?common enemy doctrine.? Under this legal theory, landowners can dispose of surface water (everyone's common enemy) any way they see fit, providing that it doesn't create a nuisance for a neighboring landowner, and that it isn't collected by an artificial means ...