Liability for property damage to neighbor

mrak

Hi folks,

1. Person X is living in a house happily for several wet years (1/2 acre site)

2. Person Y builds house next door, raising the site several feet above person X's site

3. Person Z builds house next door to person Y, matching the height of their site to person Y's (actually making it slightly higher)

After the first heavy rain since Persons Y and Z appeared, person X's property floods significantly (i.e. literally becomes a 1/2 acre 3 feet deep lake).

Person X can no longer live in their house without re-mortgaging to invest huge money in building ther property higher than either Y or Z to push the problem elsewhere.

I don't even know what is the right question to ask, but is it an act of god? Is all the liability for the damage at X's door or is it Y's who caused the problem by raising their site so much? Was it X's fault for not objecting to the planning of Y,Z..??? Or the planners..??

Any advice would be appreciated!! P.s. if any engineers are reading this would be interested in a pm too!

GerardKeating

mrak wrote: »

Hi folks,

1. Person X is living in a house happily for several wet years (1/2 acre site)

2. Person Y builds house next door, raising the site several feet above person X's site

3. Person Z builds house next door to person Y, matching the height of their site to person Y's (actually making it slightly higher)

After the first heavy rain since Persons Y and Z appeared, person X's property floods significantly (i.e. literally becomes a 1/2 acre 3 feet deep lake).

Person X can no longer live in their house without re-mortgaging to invest huge money in building ther property higher than either Y or Z to push the problem elsewhere.

I don't even know what is the right question to ask, but is it an act of god? Is all the liability for the damage at X's door or is it Y's who caused the problem by raising their site so much? Was it X's fault for not objecting to the planning of Y,Z..??? Or the planners..??

Any advice would be appreciated!! P.s. if any engineers are reading this would be interested in a pm too!

There was a story in the papers the other week, similar type claim from a Dublin house against (i think) the local GAA club...

Victor

There have been such liability cases, however, it very much depends on context. Its possible the property would have flooded anyway.

Reloc8

What you're describing is within the parameters of a nuisance affecting person X's property.

It may well be within what is called 'the Rule in Rylands v Fletcher' depending on specific uses of person Y and person Z's land.

Person X should go to a solicitor.