Expert: Timmy Chou - 2/4/2005

Question
I live in the state of Ohio. Until this year, the area I live was all farm land. I own 3 lots, joined together. A new house is going up adjoining one of my lots. This area has a high water table, and the contractor built up the area around the new house to slope water away. The problem is, my previously dry lot now has standing water , which flowed from the new construction. Do I have any recourse?

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is probably very typical.  I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience.  Note that this dispute may have complex legal factors and you may wish to consult an attorney.

I cannot speak to the law in this case and cannot tell you if you have a case or not.  It will most likely rest on precedent (what other judges in similar cases have ruled); or  statute (is there a specific law or ordinance which speaks directly to this problem).

You will want to conduct some research to see if there are laws or ordinances dealing with this matter.  The easiest place, other than going to the library and searching the code books, is to find your city or county building permit and inspection office.  Ask them what the law says.  Also find out if there is a rule about underground drains at the property line.  They will know this as they have to observe the local building code and I'm sure there is an item about this. Some places make people have a sump in the yard where all the runoff drains to.

If there is not a specfic rule, for some reason, you can try looking for legal precedent--but you would need access to a law library.  If there is one, the staff will help you research the case law.  The question is, in other cases where water has run off into another adjacent area, how has the judge ruled.  Get a copy of these cases and study them to note the similarities and differences.

If you come up with some good arguments, the next step is to send a certified letter citing the regulations or case law and asking for a remedy.  If they do not comply, you then have all the regular remedies at law.  Naturally, you can also use a mediator to help you resolve the problem as well.  Win or lose, you have to live next to these folks and it is in both of your interests to find a way to resolve the problem without certified letters or trials.  

in any case, you wiill have to find out if they will do anything or not.  

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more hare
    usually more expensive than mediation and arbitration
    part of the public record