TOWNSHIP TIDBIT:

Native Americans lived along most streams of New Hanover for at least 10,000 years.

Stormwater from my neighbor's property is causing erosion and flooding problems on my property. What can I do?


A landowner has the right to have stormwater flow onto and over his property, and discharged through a natural water course onto a neighboring property. In addition, a landowner may make proper and profitable use of his land even though this use may result in some change in the quality or quantity of the water flowing to the property below.

Generally, any damage to the property below caused by surface water as a result of this use is not actionable.
However, there are two exceptions to this general rule. The first exception is when the stormwater is diverted from its natural channel, and the second exception is when stormwater is unreasonably or unnecessarily changed in quantity or quality.

If you believe that either or both of the above-noted exceptions are applicable to your case, you should contact an attorney with experience in these matters. For if your neighbor is not willing to fix the problem you may be required to file suit in the Court of Common Pleas. Because the stormwater is flowing from private property, the Township is not a party to such disputes.