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Started By
Message
Am I responsible for neighbor's drainage?
Posted on 2/8/17 at 7:30 am
Posted on 2/8/17 at 7:30 am
I just bought an acre in west Ponchatoula and had my land cleared and house pad done. The piece of property I bought had a small pond on it, dug in the 80s to raise some low spots. Had slop removed from pond and pushed up near rear of property to dry and grade later . Neighbor has been calling me wanting to talk about their drainage. Their yard drained into the small pond on my property. I'm about to dig a ditch, but plans got pushed back due to rain yesterday.
It's not like they live in a bowl. The water will either flow where it normally did, or reroute to closest exit point. They're freaking out because their land is a little more soggy than it usually is.
Should I rush digging the ditch and rut up my newly grated yard, or tell them to suck it up and wait until it dries up? Oh, their house is for sale, so I don't have to deal with them for much longer.
It's not like they live in a bowl. The water will either flow where it normally did, or reroute to closest exit point. They're freaking out because their land is a little more soggy than it usually is.
Should I rush digging the ditch and rut up my newly grated yard, or tell them to suck it up and wait until it dries up? Oh, their house is for sale, so I don't have to deal with them for much longer.
This post was edited on 2/8/17 at 7:38 am
Posted on 2/8/17 at 7:33 am to DuckManiak
I would say as long as you didn't build up near the property line outrageously they can't gripe
Posted on 2/8/17 at 7:34 am to DuckManiak
quote:
Their yard drained into the small pond on my property.
Is this a problem? If it doesn't create a problem for you I wouldn't change anything. I understand that it's your property/pond so don't misunderstand what I'm saying.
Posted on 2/8/17 at 7:34 am to DuckManiak
quote:
Oh, their house is for sale, so I don't have to deal with them for much longer.
Little known fact. Soggy Yard is the #2 reason why people won't buy a used house. You might want to consider that before you piss off your soon-to-be longterm neighbors.
Posted on 2/8/17 at 7:35 am to DuckManiak
quote:
The piece of property I bought had a small pond on it, dug in the 80s to raise some low spots.
So why would their property drain into it? Is it supposed to drain towards the street?
quote:
Oh, their house is for sale, so I don't have to deal with them for much longer.
Unless it is actually flooding something, I'd ignore them.
Posted on 2/8/17 at 7:36 am to Nado Jenkins83
It's not outrageous at all. It's a small berm to dry out that dirt and plant some bamboo. Going to ignore future calls and get to the ditch when it's dry.
Posted on 2/8/17 at 7:37 am to SidewalkDawg
It is their problem to contact the PJ in the parish.
Posted on 2/8/17 at 7:37 am to DuckManiak
I typically talk to my neighbors about all issues and try and work it out, the worst thing in the world is having drama with your neighbors and constantly having to deal with it.
If they are assholes to you, frick um, but until then it doesn't hurt to try and find a solution
If they are assholes to you, frick um, but until then it doesn't hurt to try and find a solution
Posted on 2/8/17 at 7:39 am to DuckManiak
I would go talk to them and explain that you are not responsible for their drainage, especially allowing their property to drain into yours. If they don't understand that then a and a is in order.
Posted on 2/8/17 at 7:39 am to LSU-MNCBABY
"It's a small berm to dry out that dirt and plant some bamboo"
I thought you said it was temporary. Now you're planting bamboo on the BERM?
Sounds like you're blocking their drainage.
I thought you said it was temporary. Now you're planting bamboo on the BERM?
Sounds like you're blocking their drainage.
Posted on 2/8/17 at 7:39 am to DuckManiak
Being a good neighbor is easier than a bad neighbor in the long run. I would talk to them about what your plans are so they know it is temporary and see what they say.
If they are reasonable it will all work out. Legally I doubt you are responsible for their drainage, but why cause issues where there need not be any?
If they are reasonable it will all work out. Legally I doubt you are responsible for their drainage, but why cause issues where there need not be any?
Posted on 2/8/17 at 7:40 am to DuckManiak
not sure about the laws there, but here if you alter your property and it hurts them, you are responsible. I'd make it known, it is changing, just when it dries up, in order not to ruin the grass and make the area look worse to their potential buyers
Posted on 2/8/17 at 7:44 am to DuckManiak
Not sure about the laws in your state. In many states, there can be implied and or prescriptive easements.
Was there a drainage easement on your property? You say that the neighbor's property has drained into this since the 80's. You may be looking at a Prescriptive Drainage Easement.
"An easement holder has the right to use his neighbor’s property in some prescribed manner to benefit his own adjoining land."
"Easements can be created in three ways: by express written grant, by implication, or by prescription."
"An easement by prescription is sometimes described as adverse possession. The existence of an easement can be declared by a court if the evidence shows (1) that use has continued for at least 10 years; (2) the user has expressly informed the owner of the servient estate that it is believed that a legal right to the easement exists; and (3) the owner of the servient estate has disagreed that the dominant estate has such an easement."
Drainagae Easements and Agreements
Was there a drainage easement on your property? You say that the neighbor's property has drained into this since the 80's. You may be looking at a Prescriptive Drainage Easement.
"An easement holder has the right to use his neighbor’s property in some prescribed manner to benefit his own adjoining land."
"Easements can be created in three ways: by express written grant, by implication, or by prescription."
"An easement by prescription is sometimes described as adverse possession. The existence of an easement can be declared by a court if the evidence shows (1) that use has continued for at least 10 years; (2) the user has expressly informed the owner of the servient estate that it is believed that a legal right to the easement exists; and (3) the owner of the servient estate has disagreed that the dominant estate has such an easement."
Drainagae Easements and Agreements
Posted on 2/8/17 at 7:45 am to DuckManiak
I seem to recall something in the code about a subservient estate and drainage but it's been a while.
Posted on 2/8/17 at 7:46 am to DuckManiak
quote:
Had slop removed from pond and pushed up near rear of property to dry and grade later
So you created a barricade and now their property won't drain?
Posted on 2/8/17 at 7:49 am to ItzMe1972
quote:
"It's a small berm to dry out that dirt and plant some bamboo" I thought you said it was temporary. Now you're planting bamboo on the BERM? Sounds like you're blocking their drainage.
Even if it were high enough to impede their drainage
quote:
So why would their property drain into it? Is it supposed to drain towards the street?
Their property should not be graded to drain to the rear. When it rains in the future, should I have a soggy yard while theirs is nice and dry? My land does not drain into theirs.
Posted on 2/8/17 at 7:54 am to TDFreak
quote:
So you created a barricade and now their property won't drain?
I'm also digging a ditch from the rear of my property to the beginning (roughly 320') to ensure their back yard drains into it. With the rain yesterday, it just delayed the ditch digging by a day or 2. They're the ones calling non stop trying to get me to dig it and mess up the very expensive dirt work I just had done.
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