Who's responsible for this water drainage problem?

Question

We live on a side street hill with many houses. My neighbors downspout which travels underground is old and crumbling. It seems to go under our retaining wall between houses. It is causing water problems in our yard now that the pipe has broken up and collapsed underneath. Should he fix the problem with a new drain from his downspout or do I have to deal with the mess in my yard another way?

Answer 1

He has to move it to his yard because if it is on your property its yours to do with as you please.

Answer 2

This is tough,, but if you are down hill,,, you get the runoff, I reccomend, mentioning it to your neighbor in a nice way,, if he doesn;t fix it, then you can do whatever you want with the part that is on your property, repair it, or divert it to the street..

Answer 3

Depending on how stringent your local building inspector will enforce the existing code (BOCA or otherwise), all building codes basically state that no one may divert rainwater onto another person's property. The cost for repairs should be borne by your neighbor.