MSD, As an attorney I always enjoy reading all the lay opinions posted regarding these legal questions, some are pretty good while others arent so good. The best free advice I have to offer (as youre obviously already aware) is youre gonna have to consult competent local legal counsel and I suggest a real estste law specialist if any exist in your locality. I suggest you TO NOT have any conversatiosn with opposing counsel at this point. He is your enemy and NOT your friend and besides its NOT him that needs convinced, its the Judge and you may say or do something harmful to your case.
Generally speaking, one is not permitted by law to alter the natural flow and drainage of surface water to the detriment of his neighbors, but thats one of those things even for which a lay person has a natural understanding. As far as the law of easements, if the useage has been reduced to writing (what do the Deeds of conveyance or contracts state???), that's the place the law will start and fill in the gaps as and where required. Much of the outcome is going to be determined by the common law in your jurisdiction and the most likely answers will have to be found from a study of case law.
As far as rendering any professional legal opinion regarding your issue, it would require research in your locality since a good bit of such is most likely common law, NOT statutory in nature. Absent any legal research on my part your position and arguments certainly sound reasonable to me as an attorney and its your attorneys job to research the issue, apply the law to the facts in your situation, and then present his case to the Court so they decide in your favor, which is what we are trained to do from day one in law school. In the meantime the opinions of you or your adversary or the attorneys or other persons dont count for much, nothing actually lol
Have your facts and any documentation or other evidence in good chronological order when you visit your attorney is my best advice for now because theres not much you can gain from lay or even professional "speculation" at this point.
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