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Need Input - Neighbor's property runoff - residential

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    Need Input - Neighbor's property runoff - residential

    Need a bit of input and I'm hoping someone has dealt with this issue before. Short overview is that we have a new neighbor that just bought a new construction next door in a residential subdivision in the county, not the city. We have no HOA either, not that I want one. The area was flooded in Ike, and there were only about 20 homes built at that time. The builder put the pad up pretty high, from my driveway, it's at least 3' higher than my foundation. The builder also had his dirt guy slope it perfectly and he cut ditches for runoff along the property lines on all three sides. While the house was under construction we never had an issue with runoff. House sale closes, they move in and last Saturday the 22nd the dump trucks start rolling at 6:30am, they filled in the ditch to access the side rather than back off the driveway. They immediately started filling in the ditch along the side of my property line and raising the grade as you can see. I'm guessing that they don't like the anthill style yard. The rain caught them at noon and he used a tractor to get the dirt out of the ditch to allow it to flow. You can see in the picture what I am dealing with, my house is on the right, photo is looking down the fence/property line. He did come over and apologize for the dirt on my property and he'd get it off. He said he's under a time constraint as he has a truckload of sod coming this week. I mentioned the water building up in my backyard and under the small shed and he seemed puzzled. I said there needed to be a drain/ditch cut to keep the water off my property. I can see through my fence and in some places, the dirt is over my 6" rot board on the bottom of my fence. His dad showed up yesterday afternoon with a big tractor and started moving dirt and it seemed like he was adding dirt to the perimeter along the fences. My perimeter fence is still wet and the building is still in a small lake.
    Click image for larger version

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    Anyone every dealt with this? I know I can, and really need to add some dirt on that side of my house and I can install a French drain pipe to the street but I think I am just trying to justify a resolution on my part.

    I spoke with the County today and there is no code of enforcement on their part. He's a friend of mine and just said that "yes, as a gentleman's agreement, one shouldn't push runoff to a neighbor." In reality, there is nothing they can do though. I have had a talk with him and showed him pictures of the water running under my fence but I think it has fallen on deaf ears.

    Any ideas?

    #2
    I can bust kneecaps for the right price.

    Comment


      #3
      I'm certainly no expert but I'm pretty sure there's case law that prohibits one landowner from causing water drainage to negatively affect the next door neighbor. Surely there is someone on TBH that has a better working knowledge of your situation.

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        #4
        I wouldn't sweat it till he's done.


        Sent from my iPhone using Tapatalk

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          #5
          When we bought this house (corner lot) I knew we were going to have this problem. I dug small ditches on both sides of the yard to funnel run off to the street. We have a large French drain that I keep clean ( learned the hard way ) that helps....
          Pro active is the only way to go.....

          Comment


            #6
            I thought it was against the law to divert water onto someone else's property.

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              #7
              Thanks for the input. My best friend is the assistant DA and he mentioned the case law, problem with that is you've gotta file a civil suit.

              I'm waiting until he's done before I get too worked up. It's been wet since the rain so worktime has been limited.

              Comment


                #8
                I believe their is a state of texas administrative code that says you can't do something on your property that will cause your neighbor to flood. I believe most counties do not enforce it and it usually winds up being resolved in civil court. I will look it up and get back.

                Comment


                  #9
                  Mike, I'd suggest you keep documenting it with photos and dates/time stamps. And document all communication with all parties. Your attorney will want that info when it comes time to make things right. If it were me, I would contact the property owner as well. And make them aware of the situation. The contractors may not tell the property owners you have spoke to the contractors about it. Contractors should know better too.

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                    #10
                    Id give him sometime to make it right.

                    Comment


                      #11
                      thorthunder got it--French drain and let the neighbor pay for it. Way cheaper than a lawyer.

                      Comment


                        #12
                        In for the inevitable warrior responses that'll get fired up around 8:30-9:00


                        Sent from my iPhone using Tapatalk Pro

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                          #13
                          Originally posted by Texas Grown View Post
                          Mike, I'd suggest you keep documenting it with photos and dates/time stamps. And document all communication with all parties. Your attorney will want that info when it comes time to make things right. If it were me, I would contact the property owner as well. And make them aware of the situation. The contractors may not tell the property owners you have spoke to the contractors about it. Contractors should know better too.
                          This is what I would do as well. If that doesn't work check out Texas Water Code 11.086

                          Comment


                            #14
                            Originally posted by dustoffer View Post
                            thorthunder got it--Build a wall and let the neighbor pay for it. Way cheaper than a lawyer.
                            FIFY

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                              #15
                              Originally posted by Red Man View Post
                              This is what I would do as well. If that doesn't work check out Texas Water Code 11.086
                              Nailed it!

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