Florida Real Estate Exam

Category - Florida

Mr. Jackson owns a home that is situated at the bottom of a hillside.  In the wintertime during heavy rainstorms his home is subject to damage by flooding, so he dug a trench along the back of his property to divert the water.  This action would be:

  1. Legal if the water is diverted to a vacant lot
  2. Illegal because you cannot divert surface waters to another property to the detriment of the other property
  3. Legal because every owner has the right to protect his property against flooding
  4. Illegal because he is violating the riparian rights law
Explanation
Answer B - Surface waters are those waters not flowing in a defined channel. You cannot divert these to another’s property if they will be a detriment to that individual’s property.

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