Real Estate Law

Neighbor Flooding your Land?

Topic: Land Use, Trespassing, Private Nuisance

The Appeals Court of Massachusetts in Trenz v. Town of

Norwell

,

68 Mass. App. Ct.

271, (2007) held that in order to determine whether a neighbor is liable for a private nuisance as a result of diverting water onto a neighbor’s land, the Court must first “determine whether landowner is making a reasonable use of his land.” Reasonableness is determined by utilizing a balancing test in which the Court weighs the “utility of the possessor’s use of the land” against “the harm which results from the alteration of the flow of the surface waters.”

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Meltzer Law Offices

From Meltzer BLawG Offices posted 2007-03-05.