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Started By
Message
LRS, Drainage Law, statement re natural drainage
Posted on 8/8/14 at 9:13 am
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
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 on 8/8/14 at 9:13 am to Drop4Loss
Alex Box doesn't normally have drainage issues
ETA: Hope you have flood insurance
ETA: Hope you have flood insurance
This post was edited on 8/8/14 at 9:15 am
Posted on 8/8/14 at 9:15 am to Drop4Loss
i went surfing on a monopoly board once
Posted on 8/8/14 at 9:17 am to Drop4Loss
Anthony Jennings will start
Posted on 8/8/14 at 9:19 am to Drop4Loss
Louisiana Civil Code article 655
Posted on 8/8/14 at 9:19 am to Drop4Loss
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?
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 on 8/8/14 at 9:20 am to Geauxld Finger
quote:
there is no law for "natural drainage"
law of gravity
Posted on 8/8/14 at 9:21 am to Geauxld Finger
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 on 8/8/14 at 9:21 am to Geauxld Finger
quote:You gathered that from the OP alone?
sounds like you are both a couple of pricks though
Posted on 8/8/14 at 9:21 am to Drop4Loss
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 on 8/8/14 at 9:25 am to BugAC
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 on 8/8/14 at 9:27 am to Geauxld Finger
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 on 8/8/14 at 9:28 am to Drop4Loss
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 on 8/8/14 at 9:30 am to Drop4Loss
Put a culvert in his dam.
No really, high time to lawyer up bro.
No really, high time to lawyer up bro.
Posted on 8/8/14 at 9:35 am to BugAC
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 on 8/8/14 at 9:41 am to Drop4Loss
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 on 8/8/14 at 9:44 am to Geauxld Finger
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
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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