Did you know Florida is the flattest state in the U.S.? It is also one of the wettest states, receiving more rain than any other state during the wet summer months. Because of this, care must be taken when undertaking new construction to consider how new developments will impact the flow of water.
For example, if your neighbor decides to raise the elevation of his property, change the landscaping of his yard, or build an addition to his home, you may find yourself taking on more water than ever. This may lead to flooding, causing thousands of dollars in damage. What are your rights if you find yourself in this scenario?
Florida follows the “Reasonable Use Doctrine”. It states that a land owner may alter his land, even if it changes or increases the flow of surface water, so long as it is reasonable. Reasonableness is determined on a case by case basis, and the court may consider, the nature and importance of any improvements, whether or not the damage was reasonably foreseeable, the extent of damage compared to the value of any improvements. At this point, you may need to hire an attorney.
Mackey Law Group has represented clients dealing with flooding caused by negligent neighbors, and are familiar with the law. Don’t let yourself get bullied accepting an unreasonable consequence from your neighbor’s construction.
By: Jorge Martinez, Esq.