Even though life could not exist without it, water can be quite a pain when it causes serious property damage. Water is great at seeping into those areas of our home that are most vulnerable and causing the most mayhem possible. But when water damage may have been caused by a neighbor, serious disputes can arise.
In order to succeed in a lawsuit against a neighbor, you will need proof showing that your neighbor did something to his land or property, that the alteration was unreasonable, and that the alteration changed the natural flow of water onto your property.
As per common enemy rule, Landowners can take whatever steps they wish, such as building dikes or drainage ditches. If surface water runs from your neighbor's land onto your land, causing more damage than natural, you are still expected to protect your land from this water.
But as per civil law rule, if your neighbor built a drain pipe in his land that drained more surface water onto your land, your neighbor would be liable to you because he changed the natural flow of surface water.
Assess the situation and proceed with whatever suits you.