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Dealing with Neighbor's Elevated Construction: Water Flow, Erosion, and Legal Protections

A developer built a complex 18–24 inches higher than the adjacent yard, creating a steep slope. The homeowner asks about effects and what to force the developer to do.

Legal Reality

You generally must accept natural water flow from uphill properties. Developers can't intentionally damage your property, but increased flow alone isn't usually actionable damage. Erosion might be.

Practical Steps

  • Document everything: before, during, after photos.
  • It's very hard to prove "potential problems"; much easier to prove actual damage.

Bottom Line

Focus on recording real impacts. If erosion or flooding occurs later, you'll have evidence.

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