Jessica owns property at the bottom of a hill. After a heavy rain, her property is flooded. Jessica builds a dam to protect her property, but the dam causes her neighbor’s property up the hill to flood. Can the neighbor sue Jessica for damages? Explain.
Fill in the blank(s) with the appropriate word(s).
This question involves surface water and a property owner’s liability to others for such water. The general rule is that a property owner cannot alter the natural flow of surface water. Jessica’s construction of the dam altered the flow and caused her neighbor’s property to flood as the water backed up against the dam. The neighbor can sue Jessica for the trespass and nuisance of the water caused by the dam and can recover the cost of the damage caused by the water. The neighbor may even get a court order to require Jessica to remove the dam.
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