Our Practices
Our attorneys bring experience in both real estate transactions and property disputes.
Select a practice below to learn more
Our Practices
Real Property
Real Property
Private Drainage Disputes
Private drainage disputes often start with a simple problem: water is suddenly flowing onto your property from a neighbor’s or isn’t leaving your property the way it is supposed to. What may seem like a practical issue can quickly raise legal questions and strain relationships between neighboring property owners.
Fahey Schultz Burzych Rhodes advises Michigan property owners on private drainage disputes and related property rights. Our attorneys help clients understand the rights and risks involved and determine how best to proceed.
Natural Flow
In Michigan, water may naturally flow from higher land to lower land, and a property owner may have the right to continue that natural flow. Disputes can arise when a neighboring owner blocks or alters the flow in a way that affects nearby land.
Our attorneys assist with:
- Evaluating rights and responsibilities involving natural flow and surface water
- Advising on disputes involving blocked or redirected drainage
- Assessing potential liability for drainage-related property damage
- Coordinating with engineers, surveyors, or other professionals to provide practical solutions or guidance when the legal analysis depends on technical facts
Prescriptive Easements and Drainage Rights
Some drainage rights may arise from the long-standing use of a drain or other drainage feature on neighboring property. Whether a property owner has the right to continue that use can depend on the history of the property, whether permission was given, and whether the use continued without interruption.
Our attorneys help property owners with:
- Reviewing the history of long-standing drainage use and evaluating potential prescriptive easement claims
- Advising on existing drainage uses that have been blocked or challenged
- Determining whether court action may be appropriate
- Defending property actions in disputes initiated by neighbors
Trespass, Nuisance, and Property Damage
Drainage work can also raise trespass, nuisance, or property damage issues. Problems may arise when someone enters or directs their water onto neighboring land without permission, exceeds the permission given, or causes damage. A drainage change may also interfere with another owner’s use and enjoyment of the property.
Our attorneys assist with:
- Preparing or evaluating written permission to enter neighboring property for drainage work
- Evaluating claims involving trespass, nuisance, or property damage
- Assessing potential liability when water is directed onto property without permission or drainage work exceeds the agreed scope
Dedicated to serving your legal needs.
Not every private drainage dispute should become a lawsuit. Some may be resolved without formal action, while others may warrant litigation depending on the strength of the claim and the time and expense involved. Our attorneys help property owners weigh those considerations and choose an appropriate path forward. Contact us early to understand your rights and protect your property interests.
Contact Our TeamLatest Real Property News & Resources
Stay up to date with FSBR with our monthly newsletters, featured news articles, resources and more!
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
