Guidelines on Neighbor Disputes on Water Damage Oklahoma

Water damage disputes over flooding and structural damage can arise over neighbors. How the people are held liable vary from state to state. In the case of water damage in Oklahoma due to flooding, there are some guidelines issued by the court.

Generally, a neighbor is not liable for harm caused by natural conditions such as the weather. If the property is situated in a way that a particular amount of water is dumped onto your backyard because of the rain, it is not legally your neighbor's fault. However, the actions of the neighbors are taken into consideration if alterations are made into the landscape.

In most states, including Oklahoma, the reasonableness test is applied. When one person changes the land and damages another, the neighbor is liable for the damage if the change was "unreasonable." Thus, there is a need to prove that the neighbor did something unreasonable to the point that harm was caused.

What is reasonable depends on the case that is presented. For example, there are some instances of gutters that were found unreasonable because they led the water to a neighbor's property. The reasonableness of water damage in Oklahoma is based on the nature and importance of the improvements made and whether or not the damage was reasonably foreseeable by the ones who made the alternations. Another consideration taken into account is the severity of damage relative to the value of any improvements made.

Another test that is applied is the common enemy rule. Courts have considered excessive rainwater as the "common enemy", referred to as such because it can damage any property randomly. Under this doctrine, property owners are expected to take protective measures from the water. If a neighbor who lived on higher ground directed the water to prevent flooding and in doing so deposited the water to properties situated in a lower area, the latter are also expected to protect themselves from the extra water.

There have been some modifications to this rule in some states such as Montana and New York. In these states, the property owner is allowed to divert the surface water only if the work is not unusual and if the property owner uses reasonable care to avoid damaging other properties.