It is generally an unlikely occasion in the practice of law when a decision from the 19th century will play a pivotal role in the outcome of a current case. However, such is the situation when your next-door neighbors are beavers. As this article will explain, flood damage to a neighbor’s property caused by acts of human neighbors is actionable, but if the flooding is caused by acts of animals inhabiting the neighbor’s property then no liability shall be imposed.
Imagine this scenario: An individual’s neighbor joyfully discovers that beavers inhabit their property. The neighbors are equally joyful to witness that the beavers are thriving and have built a dam on the pond located on their property. Notwithstanding the euphoria the neighbors are feeling, the dam creates the unfortunate consequence of causing significant flooding onto the individual’s property as well as an abutting public road. The individual regularly complains to the town supervisor, but aside from sending letters to the neighbors advising them to remove the beavers or the town will take action, no action is ever undertaken by the town.
