We bought our house two years ago in IL. We bought a detached townhome and we were told before, during and after purchasing our home that the yard was our personal property, not community or shared property like in the townhomes.

The association has decided to dig up our yard to create a swail to alleviate water from two other yards from backing up, thus causing our yard to flood. We were never told of any plans, I went home one day to my grass gone and a hole dug.

Is this legal, can I sue them?

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Originally Posted by chuckntracey7

We bought our house two years ago in IL. We bought a detached townhome and we were told before, during and after purchasing our home that the yard was our peronal property, not community or shared property like in the townhomes.

The association has decided to dig up our yard to create a swail to alleviate water from two other yards from backing up, thus causing our yard to flood. We were never told of any plans, I went home one day to my grass gone and a hole dug.

Is this legal, can I sue them?

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What you were told is not good enough. You should look at your deed, and any plat or other document (such as an easement, declaration of covenants, etc.) which it references. If the HOA has an easement it may have the right to do this.

Can you sue them? Assuming that they have permanently changed the topography, perhaps. Check with an attorney who will review the pertinent documents.

We do have an easement, but they are not altering this they are digging up in the middle of our yard. I have a copy of our plat, I'm not sure what to look for.

We were not given any notice as well.

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Originally Posted by chuckntracey7

... I have a copy of our plat, I'm not sure what to look for. ...

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Some sort of notation to the effect that the HOA has an easement (or right to do certain things for certain purposes on your land).

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Originally Posted by chuckntracey7

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We were not given any notice as well.

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If in fact they had the right to do what they did, how would notice have made any difference?

Most localities have laws against changing the natural flow of ground water to make it dump onto someone else's property... if this is now flooding your property, you have legal resourse to take action.

If its community property, they don't have to inform you. What is on your papers as far as recorded easments and covenants determine what's yours and what's theirs.

At this point, you might send them a registered letter (to impress them with the severity of the matter) demanding that they document their right to create the swale on your property. Give them maybe 10 days. Tell them that if they fail to respond within that time, you will be consulting with an attorney.