B and C owned adjacent houses in a subdivision. B's house and lot were located on slightly higher ground than C's, and the natural flow of water was downhill towards C's house. The two houses were separated by a 2.5-metre wide driveway, of which each owned one-half. One day, B changed the location of the eavestrough downspout on his house to direct the flow of water from his roof across the driveway, which sloped towards C's house. The first heavy rain resulted in the flooding of C's basement, because B had directed all of the rain which had collected on his roof towards and into C's basement window. C should have foreseen the entry of the water from B's downspout and dug a ditch to direct it away from his house.

Question

Quizplus · Accepted Answer

B's action of altering the flow of water to direct it unnaturally towards C's property, causing damage, is typically seen as a wrongful act. C could not be reasonably expected to anticipate and mitigate against B's specific alteration of the natural flow of water.

B and C Owned Adjacent Houses in a Subdivision