Neighbor A decided to build a drainage ditch all the way around his property. In constructing the ditch, Neighbor A was careless. After the first rain, the adjacent property owned by Neighbor B sustained serious damage.

Neighbor C decided to get back at his neighbor, Neighbor D, for parking in a manner that blocked the former in during the previous weekend. Neighbor C mounded soil on the side of his property that faced Neighbor D. As a result, Neighbor D's house flooded after the next rain. What liability, if any, do Neighbor A and Neighbor C face?

Generally speaking, if a property owner undertakes an action that results in damage to the property that is owned by his or her neighbor, the offending property owner may be liable. It is likely that the offending property owner will be liable if:

• the offending property owner acted in a manner that was careless or unreasonable;
  
• the offending property owner acted intentionally; or
  
• the offending property owner violated the law by his or her actions.

Damages

If an offending property owner is liable on any of the bases set forth above, he or she may be liable for monetary damages. In addition, the property owner who has been harmed may be entitled to equitable relief, such as an injunction, as well.

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