{"id":6475,"date":"2025-04-28T07:01:00","date_gmt":"2025-04-28T11:01:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=6475"},"modified":"2025-04-28T07:21:09","modified_gmt":"2025-04-28T11:21:09","slug":"the-water-log-a-deed-holders-intro-to-storm-runoff","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/the-water-log-a-deed-holders-intro-to-storm-runoff\/","title":{"rendered":"The Water Log: A Deed Holder\u2019s Intro to Storm Runoff"},"content":{"rendered":"\n
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Storms aren\u2019t exactly getting milder out there. And did you know that rainstorms can implicate a property owner\u2019s rights?<\/p>\n\n\n\n

Severe or recurrent storms<\/a> can create significant challenges for a deed holder. Flooding is the <\/em>costliest risk for homes. Here, we cover just the basics of stormwater and deeds.  <\/p>\n\n\n\n\n\n\n\n

Two Things Are Certain: State Law, and Gravity<\/h2>\n\n\n\n

When ground is covered with homes, concrete, and lawns, rainwater can\u2019t easily be absorbed by the soil, trees, and atmosphere. Concrete and even lawns create impervious surfaces<\/em>, through which water can\u2019t sink naturally into the ground. Instead, the rainfall becomes stormwater runoff.<\/p>\n\n\n\n

Stormwater is, of course, a major cause of flooding. Knowing a home\u2019s history and risk of flooding helps us grasp the financial risks connected to a deed transfer. While water is life, it can also mean loss. According to the National Association of REALTORS\u00ae an inch of floodwater can create structural damage to the tune of $25K.<\/p>\n\n\n\n

There are laws that deal with these risks. Consider the Pennsylvania Stormwater Management Act. Your state will have its own stormwater laws and regulations. And don\u2019t forget local stormwater rules. Local ordinances affect a deed holder\u2019s rights and duties wherever people own land.<\/p>\n\n\n\n

If your land is on high ground, water might run off of it, and onto a nearby property. That\u2019s an act of gravity. By default, you have no duty to stop rainwater from running downhill. The Pennsylvania law on this comes from a long-held view, originating with Pennsylvania\u2019s supreme court. Essentially, for the purposes of runoff, the higher landowner has an easement over the lower neighbor\u2019s land.<\/p>\n\n\n\n

Trouble in Shiloh: Do <\/strong><\/em>deed restrictions<\/em><\/strong><\/a> stop owners of flooded properties from suing Alabama?<\/strong><\/em><\/p>\n\n\n\n

Go With the Flow (Don\u2019t Redirect it)<\/h2>\n\n\n\n
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The deed holder on higher ground could be held liable for redirecting <\/em>the flow to the detriment of the lower homeowner. Now it gets complicated. To stay with the example of Pennsylvania, the higher owner may not:<\/p>\n\n\n\n