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LRS, Drainage Law, statement re natural drainage

Posted on 8/8/14 at 9:13 am
Posted by Drop4Loss
Birds Eye Of Deaf Valley
Member since Oct 2007
3860 posts
Posted on 8/8/14 at 9:13 am
Yea, I gotta fricking neighbor who has put a dam behind my fence preventing the natural drainage from going into his yard, like it has since forever.

The fence line is the natural drainage and his dam will no longer allow for the natural drainage.

Pics show the dam, and he even covered it with black plastic.

Anybody have the statute re natural drainage, ie ,you cannot alter natural drainage ?


LINK

LINK
Posted by ForeverLSU02
Albany
Member since Jun 2007
52147 posts
Posted on 8/8/14 at 9:13 am to
Alex Box doesn't normally have drainage issues

ETA: Hope you have flood insurance
This post was edited on 8/8/14 at 9:15 am
Posted by CostasAndMimosas
Baton Rouge, LA
Member since Oct 2013
58 posts
Posted on 8/8/14 at 9:13 am to
????
Posted by TDTGodfather
Baton Rouge
Member since Dec 2007
6169 posts
Posted on 8/8/14 at 9:15 am to
i went surfing on a monopoly board once
Posted by LSUTygerFan
Homerun Village
Member since Jun 2008
33232 posts
Posted on 8/8/14 at 9:15 am to
where's the grass?
Posted by ForeverLSU02
Albany
Member since Jun 2007
52147 posts
Posted on 8/8/14 at 9:17 am to
Posted by J Murdah
Member since Jun 2008
39784 posts
Posted on 8/8/14 at 9:17 am to
Anthony Jennings will start
Posted by Salviati
Member since Apr 2006
5532 posts
Posted on 8/8/14 at 9:19 am to
Louisiana Civil Code article 655
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31711 posts
Posted on 8/8/14 at 9:19 am to
Your neighbor got tired of his property being washed out from your run off. perhaps installing some drains would work better, or maybe you and your neighbor could have worked out a solution together. sounds like you are both a couple of pricks though

ETA: I mean i have no idea about enforcing the law

However, a topographical survey must be noted in that case to show "natural drainage". The property stopped being naturally drained when you built on it and manipulated the land. Where does it run once it gets to his property. Can you snag an image off google earth and show us?
This post was edited on 8/8/14 at 9:23 am
Posted by LSUTygerFan
Homerun Village
Member since Jun 2008
33232 posts
Posted on 8/8/14 at 9:20 am to
quote:

there is no law for "natural drainage"


law of gravity
Posted by Breesus
House of the Rising Sun
Member since Jan 2010
66982 posts
Posted on 8/8/14 at 9:21 am to
quote:

there is no law for "natural drainage" as far as i know. 


quote:

 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.

Acts 1977, No. 514, §1.


Posted by ForeverLSU02
Albany
Member since Jun 2007
52147 posts
Posted on 8/8/14 at 9:21 am to
quote:

sounds like you are both a couple of pricks though
You gathered that from the OP alone?
Posted by BugAC
St. George
Member since Oct 2007
52787 posts
Posted on 8/8/14 at 9:21 am to
quote:

Yea, I gotta fricking neighbor who has put a dam behind my fence preventing the natural drainage from going into his yard, like it has since forever.


I would call the local Department of public works or sewerage/storm water department. It's called a drainage servitude, and he is blocking it. That is, if you are in a neighborhood. IF you are in the country, then time to start blowing the dams.

FYI, it will take about a month of repetitive calls to get the local drainage department to do anything. so good luck. Is your neighbor an a-hole? It appears so.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31711 posts
Posted on 8/8/14 at 9:25 am to
quote:

. It's called a drainage servitude, and he is blocking it


This isn't necessarily true. It depends on how much the land changed when the home was built
Posted by BugAC
St. George
Member since Oct 2007
52787 posts
Posted on 8/8/14 at 9:27 am to
quote:

This isn't necessarily true. It depends on how much the land changed when the home was built


Obviously, it also depends it is actually a servitude that runs through his backyard, or if it is simply pooling water.

Looks like he lives in the country, so i doubt there is servitude, or at least, an agreed upon servitude that hasn't changed over the years.
Posted by BottomlandBrew
Member since Aug 2010
27094 posts
Posted on 8/8/14 at 9:28 am to
Unless you have recently illegally increased the amount of flow going on to his property, he must take the flow from your property. You can't do something on your property that increases or decreases flow onto another's property. Drainage must be maintained.
Posted by White Bear
Yonnygo
Member since Jul 2014
13880 posts
Posted on 8/8/14 at 9:30 am to
Put a culvert in his dam.

No really, high time to lawyer up bro.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31711 posts
Posted on 8/8/14 at 9:35 am to
quote:

Obviously, it also depends it is actually a servitude that runs through his backyard, or if it is simply pooling water.

Looks like he lives in the country, so i doubt there is servitude, or at least, an agreed upon servitude that hasn't changed over the years.


exactly. he needs an actual plat plan for his property or a city servitude map. if op gave me his address i could see it on google earth and probably be able to tell from that.
Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
15590 posts
Posted on 8/8/14 at 9:41 am to
No way you can definitively say the drainage is "natural". Work with your neighbor if it's such a big issue. He did what he did because he needed to, not to piss you off (at least I don't think).
Posted by Drop4Loss
Birds Eye Of Deaf Valley
Member since Oct 2007
3860 posts
Posted on 8/8/14 at 9:44 am to
My house....................16 years

His house.................2 years

Yes there is a 10 ft servitude for UG electrical, phone, sewer, and cable.

I have a flower bed along the fence and he told me to stop watering the bed because it was making his grass "soggy". frick
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