Increasing or diverting the natural flow of surface water onto a neighboring property
A trespass is an intrusion of a physical and tangible object onto the land of another without permission. In some cases, surface water flowing from a neighbor’s property onto yours is considered a trespass in Michigan.
“Surface waters” are “waters on the surface of the ground usually created by rain or snow, which are of a casual or vagrant character, following no definite course and having no substantial or permanent existence.”
If surface water naturally flows from one property to the other, then there is no trespass. If, on the other hand, an owner or occupant diverts surface water to an adjoining property by artificial means where that water had not previously flowed (e.g., using a downspout extension), the adjoining property owner may assert a trespass claim. The same is true if a change in the natural topography of a property increases or diverts surface water.
If water is causing damage to your property, you are entitled to recover. The Supreme Court of Michigan made clear that you do not have to prove that the neighbor was negligent. Similarly, you do not have to show that your neighbor’s conduct violates an ordinance or other law. However, you must show that the neighbor intentionally graded and/or built downspouts causing waters in excess of natural flowage to be channeled and concentrated onto yours.
If you are experiencing an issue regarding surface water runoff, contact us to schedule a free consultation to discuss your matter and the approach we can take to assist you.
About Us
Dalton & Tomich, PLC is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. We have helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.
Harry HoffSenior Pastor, Hope Rising Community Church, Verona, PA
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
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Dalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
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The Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
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Dalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
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Dalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
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Dalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
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I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
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Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
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