Me. Rev. Stat. » Title 17
Maine Revised Statutes

Me. Rev. Stat. tit. 17, § 2808 (2026)

Alteration of surface water flow

✓ current as of May 2026
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Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance.   [PL 2005, c. 564, §1 (NEW); PL 2005, c. 564, §3 (AFF).]
An action under this section must be commenced within 3 years after the cause of action accrues.   [PL 2005, c. 564, §1 (NEW); PL 2005, c. 564, §3 (AFF).]
SECTION HISTORY
PL 2005, c. 564, §1 (NEW). PL 2005, c. 564, §3 (AFF).
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Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2021 · leading case: Malcolm Halliday v. Kathryn W. Henry, 2015 ME 61 (Me. 2015).
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Malcolm Halliday v. Kathryn W. Henry, 2015 ME 61 (Me. 2015). · cites it 4× “Center on the Halli-days’ complaint for statutory nuisance pursuant to 17 M.R.S. § 2808 (2014). The Hallidays contend that the court erred in determining that their complaint was barred by the statute of limitations.”
Harris v. Woodlands Club, 55 A.3d 449 (Me. 2012). · cites it 2× “564, § 1 (codified at 17 M.R.S. § 2808 (2011)). The statute applies to causes of action that accrue on or after January 1, 2007.”
Walters v. Laverdiere (Me. Super. Ct 2021). · cites it 10× “The Second Amended Complaint, which is the operative complaint in this case, alleges: common law nuisance relating to the 2015 boathouse construction (Count I); statutory nuisance pursuant to 17 M.R.S. § 2808 relating to the 2015 boathouse construction (Count II); statutory…”
Halliday v. Henry (Me. Super. Ct 2016). · cites it 3× “On June 20, 2013, the Hallidays filed a complaint against Henry/ Center asserting a nuisance claim pursuant to 17 M.R.S.A. § 2808, alleging the Henry/ Center's construction of their house, driveway, garage, and septic field and a raising of the level of their site had altered…”
Halliday v. Henry (Me. Super. Ct 2014). · cites it 4× “) Plaintiffs filed their pro se complaint on June 27, 2013, alleging that defendants are liable for statutory nuisance under 17 M.R.S. § 2808. On June 25, 2014, defendants filed a motion for summary judgment.”
Harris v. The Woodlands Club (Me. Super. Ct 2009). · cites it 2× “564, codified in 17 M.R.S. § 2808. That legislative change originated in Committee Amendment "A" to L.”
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