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| *Ostroff, Fair and Company>>>Law & Legal |
Shared 20 foot right-of-way? |
My neighbor has dug out 5 foot from hillside along our shared driveway...causing me to have exess rain waters onto my carport. He claims he has no money to put in drain on his driveway for water flow, so it comes down to my house. He said the right of way allows him to dig out the hillside. I filled a portion of the hillside back in where most of the water is coming from. Which he is not happy about. Is not the right of way as much mine to do, as it is the neighbor? This matter is in Charlestion, WV. Any lawyers interested.....? Call the city Public Works Dept. This is illegal on the part of your neighbor. One cannot allow water to encroach on a neighbor's property from his property, irregardless of his right-of-way. Heavy downpours will eventually damage your property. He will be required to pour a concrete trough to drain the water properly to the street, and will be responsible for any damage incurred to your property. He needs to understand this. it is against the law to do something to your property that either floods or backs water up on some one else, i would expect him to pay for any damages incurred and to fix his side so it does not happen again. |
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