Not without risk. The Appeals Court upheld a judgment of more than $37,000 against neighbors who blocked the bottom of a shared fence to keep rainwater out of their yard, which turned the homeowner’s yard into a pond every time it rained. The court agreed this was trespass and nuisance, and that the homeowner could recover the cost of repairs. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
Two homes in Milton sit next to each other, separated by the homeowner’s stockade fence. The homeowner had lived there for twenty eight years, kept her lawns in good shape, and never changed the contour of her land. After the neighbors bought the lot next door in 2015, they regraded it, removed trees and excavated for a foundation. Their lot sits well below hers. When they noticed rainwater running from her yard under the fence onto their land, they attached boards to the bottom of the fence and placed bags of mulch along it. The water then backed up onto her yard and formed what she described as a lake each time it rained. Moss covered her lawn, and parts of her fence rotted and collapsed.
What the court decided
In Battles v. Tam, No. 24-P-717 (Mass. App. Ct. August 18, 2025) (Rule 23.0 decision), the Appeals Court affirmed the judgment for the homeowner on her claims and on the neighbors’ counterclaims.
Damming water can create liability. The evidence allowed the trial judge to find that the neighbors intentionally diverted the water and caused it to pool on the homeowner’s land, over her objections, and that this destroyed her lawn and damaged her fence. The court relied on Tucker v. Badoian, 376 Mass. 907 (1978), where the Supreme Judicial Court explained that liability may arise from accumulating channelled water and allowing it to back up onto a neighbor’s land. On that record, the judge could find that the neighbors caused substantial and unreasonable damage by damming the water.
Repair costs as damages. The homeowner was entitled to the cost of repairing the injury, shown by the repair estimates she offered. The court cited Rattigan v. Wile, 445 Mass. 850 (2006), which holds that when damage to real property is not permanent, the measure of recovery includes the reasonable cost of repair. The judge did not have to believe the neighbors’ evidence that the fence damage came from age and weather.
The counterclaims failed. The neighbors said her fence encroached on their land and that the water flowing from her yard was unnatural. Weighing that evidence was the trial judge’s job, and the Appeals Court would not second guess it.
Objections must be made at trial. On appeal, the neighbors argued for the first time that the verdict form left out the elements of the claims. The parties had prepared the forms together and agreed to use them. Because the neighbors raised no objection at trial, they waived the argument.
What this means for you
Massachusetts law has long given landowners some room to deal with surface water on their own property. But that room has limits. If a neighbor builds a barrier that dams water and pushes it back onto your land, and it causes real damage, you may have a claim for trespass and nuisance, and you may recover what it costs to fix the harm.
If you are the one dealing with water coming onto your property, this case is a warning. Blocking a fence line or building a berm may seem like a simple fix, but if it floods your neighbor, you could end up paying for their lawn, their fence and more. A drainage plan from a professional is usually cheaper than a lawsuit.
The case also shows how much proof matters. The homeowner won with testimony, exhibits and repair estimates, and the trial judge believed her account.
What to do now
- Photograph and date the flooding each time it rains, along with any barrier your neighbor installed.
- Tell your neighbor in writing that the barrier is flooding your property, and keep a copy.
- Get written repair estimates for your lawn, fence or other damage.
- If you are the one managing runoff, consult a drainage professional before blocking or redirecting water toward a neighbor.
- If your case goes to trial, raise any objection to verdict forms or procedure at trial, not for the first time on appeal.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. These cases move on short deadlines.
Prior results do not guarantee a similar outcome.
