Rainwater from the neighboring property: drainage and damage

Precipitation water must in principle be managed on one's own property. If the neighbor deliberately drains rain or roof water onto your property or alters the natural water flow to your disadvantage, you can defend yourself, from removal to damages.

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Your chances of getting your money back

The natural flow of precipitation water may not be artificially altered to the neighbor's disadvantage. Whoever deliberately diverts water over or worsens the runoff can be obliged to remove it (§ 1004 BGB; state water/neighbor law).

If the impermissible water drainage causes damage to your property, removal, cessation, and damages come into consideration.

What you should do now

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1. Document the cause
Record where the water comes from (gutter, gradient, sealing) and what damage arises (photos during rain).
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2. Speak with the neighbor
Describe the problem and ask for a remedy (redirection, infiltration on their own ground).
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3. Demand removal
If that does not help, demand in writing the removal of the impermissible water drainage and cessation.
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4. Assert the damage
In the case of incurred damage, assert damages and secure evidence (expert opinion, repair costs).

How to spot the scam

The neighbor's gutter drains deliberately onto your property.
Due to sealing, significantly more water runs over to you.
Moisture damage arises on walls or in the basement.

Frequently asked questions

May the neighbor drain rainwater onto my property?

No, not deliberately. Precipitation water is in principle to be managed on one's own property. Whoever artificially diverts water over or alters the natural runoff to your disadvantage can be obliged to remove it (§ 1004 BGB; state law).

What can I demand in the case of water damage?

Removal of the cause, cessation, and, in the case of incurred damage, damages. Document the water flow and the damage, ideally with photos during rain and, if applicable, an expert opinion.

Do I have to accept naturally flowing water?

You have to accept the natural flow of water to a certain extent. Only the artificial alteration to your disadvantage is impermissible, for example deliberate diversion or a considerable worsening of the runoff through construction measures.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.