logo
If a neighbor's water runoff damages your property, are they liable in NY?

If a neighbor's water runoff damages your property, are they liable in NY?

Yahoo22-07-2025
Your neighbor decides to blacktop a driveway once covered with grass that acted as a sponge, sopping up rainwater. But after a deluge, water comes rushing into your basement.
Can you sue your neighbor? Sure. But you may not win.
What are NY's laws on water runoff?
New York State law on the topic has evolved through the years.
In the old days, under English common law, water was once viewed as a common enemy. And as with any enemy, homeowners had the right to defend themselves by, for instance, digging ditches to redirect the natural flow of water away from their property even if water might flow onto someone else's property.
Stay safe Tips for motorists to stay safe during flooding. Watch the video.
But development creates more conflicts and courts were increasingly being asked to act as a referee. Here's how Darrell W. Harp, the former chief counsel to the state Department of Transportation, described it in a 2015 report for the Cornell Local Roads Program, New York State Local Technical Assistance Program Center:
'The 'common-enemy rule' was generally modified so that a lower landowner was not normally entitled to cast back surface waters by damming a natural watercourse, and an upland owner was not entitled to artificially collect surface waters and discharge them in a mass upon the land below to its damage (e.g., by piping or draining into ditches so that surface waters released on lower land caused erosion or flooding).'
Simply put, the law changed through the years to consider the damage that altering the natural flow of water could have on a neighbor's property.
A 'reasonable' standard on where you're sending water
'The courts pretty much said let's be reasonable about this,' said David Orr, who heads the Cornell Local Roads Program and fields these sorts of questions from highway departments and homeowners.
That led to the "reasonable use" standard. Basically, you should not knowingly make decisions on your property that'll cause water to flow onto your neighbor's property.
Here's Orr's take on what's reasonable and what's not:
'If I've got a piece of property and I want to put a road to go up to the back half of it, do I have a right to do that. Well, yeah, you do. Do I have a right to cross a stream? Yeah, but I might need to put a culvert in. In fact, there may be a requirement from an environmental standpoint… If I create a gulley that washes into somebody's property, no. If I back water up onto somebody else's property or keep the water down? No, that's not good either. That's the reasonableness factor.'
DIY: Check out deals from Home Depot for home improvement, repairs, and everything else by clicking here
Groundbreaking decision in water runoff dispute
The leading New York case on the topic — Kossoff v. Rathgeb-Walsh — came out of the village of Pelham in Westchester County in 1958.
In that case a landowner put a gas station on his property, causing water to seep into a neighbor's basement.
The lot was raised and blacktopped, which sped the flow of water onto a neighbor's property, damaging property in the basement, according to the decision.
The gas station owner did not install pipes, drains or ditches and acted in good faith to improve his property. The lawsuit was tossed.
As Harp writes: 'The thing to remember is that reasonable blacktopping, paving, grading, improvements, or construction done in good faith that disturbs the natural flow of surface water drainage to the damage of a lower owner is not actionable unless the drainage is artificially caused to be collected in a mass, as in a pipe, ditch or drain.'
Of course, facts matter. Some cases are closer calls than others. Best to consult an attorney.
Thomas C. Zambito covers energy, transportation and economic growth for the USA Today Network's New York State team. He's won dozens of state and national writing awards from the Associated Press, Investigative Reporters and Editors, the Deadline Club and others during a decades-long career that's included stops at the New York Daily News, The Star-Ledger of Newark and The Record of Hackensack. He can be reached at tzambito@lohud.com.
This article originally appeared on Rockland/Westchester Journal News: 'Common-enemy rule': Can homeowners sue neighbors for water runoff damage?
Solve the daily Crossword
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Hawaii downgrades tsunami warning
Hawaii downgrades tsunami warning

The Hill

timean hour ago

  • The Hill

Hawaii downgrades tsunami warning

Hawaii lifted an evacuation order Wednesday morning after being struck by waves from a tsunami following an 8.8 magnitude earthquake off the coast of Russia. The earthquake sent shockwaves through Japan, Hawaii and the West Coast of the U.S. An advisory order remains in place for the islands, warning local residents to take heed of harsher winds and rip currents in the ocean. 'A tsunami is not just one wave. It's a series of powerful waves over a long period of time. Tsunamis cross the ocean at hundreds of miles an hour — as fast as a jet airplane — in deep water,' Dave Snider, tsunami warning coordinator with the National Tsunami Warning Center in Alaska, told The Associated Press. 'But when they get close to the shore, they slow down and start to pile up. And that's where that inundation problem becomes a little bit more possible there,' he added. The Department of Transportation canceled all flights to and from Maui on Tuesday as Hilo International Airport was also closed and baggage operations at the Daniel K. Inouye International Airport were temporarily suspended. Although the Hawaii evacuation order has been lifted, authorities are encouraging those returning to remain vigilant. 'As you return home, still stay off the beach and stay out of the water,' said James Barros, administrator of the Hawaii Emergency Management Agency, per the AP. Black Hawk helicopter crews were activated by Gov. Josh Green (D-Hawaii) to ensure vehicles were prepared to rescue any individuals caught in the water. However, Hawaii was not the only U.S. state impacted by the Russian earthquake. Northern California saw waves up to 5.7 feet while water reached a foot above tide level in Alaska, the news wire reported. Seattle also felt rougher currents due to the aftershock of the earthquake. 'Due to a massive earthquake that occurred in the Pacific Ocean, a Tsunami Warning is in effect for those living in Hawaii. A Tsunami Watch is in effect for Alaska and the Pacific Coast of the United States. Japan is also in the way,' President Trump wrote late Tuesday in a post on Truth Social.

Three years at the top: The Weather Network/MétéoMédia remains Canada's most trusted news source
Three years at the top: The Weather Network/MétéoMédia remains Canada's most trusted news source

Hamilton Spectator

time3 hours ago

  • Hamilton Spectator

Three years at the top: The Weather Network/MétéoMédia remains Canada's most trusted news source

OAKVILLE, Ontario, July 30, 2025 (GLOBE NEWSWIRE) — Trust isn't given, it's earned. And for the third year running, The Weather Network/MétéoMédia has earned the ultimate vote of confidence from Canadians. In the 2025 Pollara Trust in Media study, The Weather Network/MétéoMédia was once again crowned Canada's most trusted national news source, with a 73 per cent trust rating – outpacing every other national outlet, including CBC/Radio-Canada (72 per cent), CTV News (67 per cent) and Global News (65 per cent). 'I'm incredibly proud of our team for earning the trust of Canadians year after year,' said Maureen Rogers, president and CEO at Pelmorex. 'This recognition is a true reflection of the care, accuracy, and consistency our people bring to their work. We're here to keep Canadians informed and we take that responsibility to heart.' Climbing higher in a competitive field In a year where overall media trust is on the rise, The Weather Network/MétéoMédia continues to lead from the front. A trusted environment for advertisers As Canada's most trusted national news source for the third year running, The Weather Network/MétéoMédia offers an unparalleled, brand-safe environment to connect with 40 million monthly users. 'With a 73 per cent trust rating among Canadians, it means your message shows up in a space that people believe in,' says Simon Jennings,, chief revenue officer at Pelmorex. 'Whether you're looking to connect with English or French-speaking audiences, we're a trusted, proven partner for advertisers aiming to reach Canadians from coast to coast to coast.' Not just trusted — relied on This third consecutive win is a direct outcome of The Weather Network/MétéoMédia's consistent presence during critical events such as wildfires, floods, heatwaves and various other extreme weather conditions. Canadians rely on The Weather Network/MétéoMédia not only for weather updates, but for crucial, timely information that enables them to remain safe, prepared and informed. See Pollara's full annual Trust in Media study results here . To arrange an interview, please contact: Madelaine Lapointe mediainquiry@ About Pelmorex Pelmorex is renowned for its consumer weather brands, including The Weather Network , MétéoMédia , Eltiempo (Spain), Otempo (Portugal), and Clima (for Spanish-speaking audiences). The company also owns Pelmorex Weather Source , its B2B division, which provides businesses with hyper-local weather and climate data and insights. Additionally, Pelmorex operates Canada's National Alert Aggregation and Dissemination System, an integral part of the Alert Ready emergency alert system. Driven by an unwavering commitment to innovation and a vibrant entrepreneurial spirit, Pelmorex has established itself as a global leader in delivering precise global weather forecasts, personalization and insights to keep communities safe and empower people and businesses to make informed, smart and confident decisions amidst the changing and volatile weather. Through its relentless pursuit of excellence and groundbreaking advancements, Pelmorex continues to redefine the landscape of weather information services, solidifying its status as a trailblazer in the field. To learn more, visit and follow us on LinkedIn . A photo accompanying this announcement is available at

What is a derecho? These 'inland hurricanes' can cause tremendous damage
What is a derecho? These 'inland hurricanes' can cause tremendous damage

Yahoo

timea day ago

  • Yahoo

What is a derecho? These 'inland hurricanes' can cause tremendous damage

The forecast is worrisome: The National Weather Service predicted late-afternoon thunderstorms would congeal into a derecho over eastern South Dakota by the evening of July 28. Then, the storm and winds, which could reach hurricane force in some areas, will move into parts of southern Minnesota and northern Iowa, forecasters said. Sometimes referred to as an inland hurricane, derechos are among weather's most destructive phenomena. But what, exactly, is a derecho? What is a derecho? The National Oceanic and Atmospheric Administration defines a derecho (duh-RAY'-choh) as "a widespread, long-lived wind storm that is associated with a band of rapidly moving showers or thunderstorms." Derechos can pack lethal gusts in excess of 100 mph – hurricane strength – across a front stretching for many miles, and lasting for hours. Storms that have sustained winds of at least 58 mph and leave a path of damage at least 250 miles long qualify as derechos, according to the National Weather Service. Classic derechos can cause extensive damage, leading to massive power outages and toppling tons of trees. Derechos are a relatively rare event, as they only tend to occur from once a year to once every four years across portions of the eastern two-thirds of the United States, according to the National Weather Service. 'People should take these storms seriously,' weather service meteorologist Brian Barjenbruch said. 'These winds are incredibly strong.' 70% of derechos strike from May through August A 700-mile derecho in June 2012 that roared into Washington, D.C., topped 100 mph. Another derecho that blasted across the Midwest in August 2020 killed four people and left behind billions of dollars in damage. It had wind gusts that were estimated as high as 140 mph in Cedar Rapids, Iowa. By definition, a derecho should have winds that persist for at least six hours; however, they can last much longer. The 2020 Midwest derecho lasted for 14 hours. Most derechos, 70%, occur during the months of May through August, the weather service said. Although a derecho can produce destruction similar to the strength of tornadoes, the damage typically moves in one direction along a relatively straight swath, the weather service said. As a result, the term "straight-line wind damage" sometimes is used to describe derecho damage. Where did the term derecho come from? The term derecho was coined in 1888 by University of Iowa physics professor Gustavus Hinrichs, according to NOAA. The word is Spanish for "direct" or "straight." The term was used for a short time during the late 19th century, but it disappeared from English use for nearly 100 years, until meteorologists starting using the term again in the mid-1980s. The Storm Prediction Center, part of the weather service, determines whether a storm is officially classified as a derecho. This article originally appeared on USA TODAY: What is a derecho? Storm can bring hurricane-force winds. Solve the daily Crossword

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store