Runoff From Neighbor – OK to Dam?
Q: My neighbor has a bunch of gutter pipes that empty water near my property line. The water erodes around my flower beds. He refuses to do anything about it. Can I just build a dam to keep his water off my property?
A: It would be nice to have reasonable neighbors but that’s not always the case. I’m not a lawyer and am unqualified to give legal advice, but my understanding is that you can’t build a dam….you have to sue your neighbor for damages to your property. Otherwise, if your dam caused water to backup into his basement, he could sue you for damages.
I found a review of water rights in the Southeast and even though it is not very recent it gives an overview of the law as it was in 1961.