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re: Water damage caused by neighbor....
Posted on 7/1/17 at 3:17 pm to ItNeverRains
Posted on 7/1/17 at 3:17 pm to ItNeverRains
Bolded the relevant sections
-------------------
2009 Louisiana Civil Code Article 655 - Natural drainage.
CHAPTER 2--NATURAL SERVITUDES
Art. 655. Natural drainage.
An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow.
LA Civil Code Article 656
"The owner of the servient estate may not do anything to prevent the flow of the water. The owner of the dominant estate may not do anything to render the servitude more burdensome."
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This is not the natural flow. An act of man-the permitted work okayed by the Parish ostensibly by the issuance of a permit on the dominant property (neighbors)-has increased the burden (via increased drainage flow)-on the servient (OP) property.
Sounds to me like you're dealing with low info employees or folks who hope this goes away. These legal concepts predate the founding of our state. Hell they trace back to Pre-Napoleonic French Legal concepts. I do believe their basis is in Roman law.
-------------------
2009 Louisiana Civil Code Article 655 - Natural drainage.
CHAPTER 2--NATURAL SERVITUDES
Art. 655. Natural drainage.
An estate situated below is bound to receive the surface waters that flow naturally from an estate situated above unless an act of man has created the flow.
LA Civil Code Article 656
"The owner of the servient estate may not do anything to prevent the flow of the water. The owner of the dominant estate may not do anything to render the servitude more burdensome."
-----------------------
This is not the natural flow. An act of man-the permitted work okayed by the Parish ostensibly by the issuance of a permit on the dominant property (neighbors)-has increased the burden (via increased drainage flow)-on the servient (OP) property.
Sounds to me like you're dealing with low info employees or folks who hope this goes away. These legal concepts predate the founding of our state. Hell they trace back to Pre-Napoleonic French Legal concepts. I do believe their basis is in Roman law.
This post was edited on 7/1/17 at 3:19 pm
1
Posted on 7/1/17 at 3:35 pm to GFunk
Thanks Gfunk and everyone else who has provided advice.
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