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Message
re: Water damage caused by neighbor....
Posted on 6/26/17 at 10:38 pm to tigeraddict
Posted on 6/26/17 at 10:38 pm to tigeraddict
Call Parish Government
Ask for Parish Permit Office
Ask if a Permit was issued for the work
Ask if it was inspected post construction to confirm drainage ordinance compliance
Tell them a drainage issue exists on a permitted project that could impact the Parish and/or municipality's liability if a permit was issued indicating drainage was not impacted as a part of the permitted project
In La, you are responsible for any drainage issue you create for your neighbor. It's well established state law.
Ask for Parish Permit Office
Ask if a Permit was issued for the work
Ask if it was inspected post construction to confirm drainage ordinance compliance
Tell them a drainage issue exists on a permitted project that could impact the Parish and/or municipality's liability if a permit was issued indicating drainage was not impacted as a part of the permitted project
In La, you are responsible for any drainage issue you create for your neighbor. It's well established state law.
This post was edited on 6/26/17 at 10:39 pm
1
Posted on 6/27/17 at 4:35 pm to Huey Lewis
quote:
It that doesn't work/in the meantime, it would be a shame if the pipe got clogged somehow.
Posted on 6/27/17 at 7:47 pm to GFunk
quote:
Call Parish Government
Ask for Parish Permit Office
Ask if a Permit was issued for the work
Ask if it was inspected post construction to confirm drainage ordinance compliance
Tell them a drainage issue exists on a permitted project that could impact the Parish and/or municipality's liability if a permit was issued indicating drainage was not impacted as a part of the permitted project
In La, you are responsible for any drainage issue you create for your neighbor. It's well established state law.
This is correct
Posted on 7/1/17 at 12:57 pm to ItNeverRains
Not much progress so far.
1. I confirmed it is drainage associated with his pool. Area was dry, they got in their pool and I heard the pump running and low and behold more water from the pipe.
2. A guy from the public works department came look at the issue in person earlier this week. Think he's a project manager? Anyway he said he agrees its a problem but he isn't sure they can do anything about it. Said to give him a few days to look into it. That was tuesday, no response yet. I'll give him a week and if nothing happens I'll look into the permit office approach.
Does anyone know what laws or ordinances I can reference when dealing with the parish? I find that when something doesn't directly affect the person I am trying to get cooperation from (parish worker in this case), I need documentation to point to to make people get off their butts and help.
1. I confirmed it is drainage associated with his pool. Area was dry, they got in their pool and I heard the pump running and low and behold more water from the pipe.
2. A guy from the public works department came look at the issue in person earlier this week. Think he's a project manager? Anyway he said he agrees its a problem but he isn't sure they can do anything about it. Said to give him a few days to look into it. That was tuesday, no response yet. I'll give him a week and if nothing happens I'll look into the permit office approach.
Does anyone know what laws or ordinances I can reference when dealing with the parish? I find that when something doesn't directly affect the person I am trying to get cooperation from (parish worker in this case), I need documentation to point to to make people get off their butts and help.
Posted on 7/1/17 at 2:21 pm to man117
quote:
Does anyone know what laws or ordinances I can reference when dealing with the parish? I find that when something doesn't directly affect the person I am trying to get cooperation from (parish worker in this case), I need documentation to point to to make people get off their butts and help
You could argue your neighbor created a private nuisance with regards to ease of enjoyment on your property. I'd consult with an RE atty
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."
-----------------------
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
Posted on 7/1/17 at 3:35 pm to GFunk
Thanks Gfunk and everyone else who has provided advice.
Posted on 7/4/17 at 8:46 pm to man117
Quikrete..a couple scoops in the end of his drainage pipe should do the trick!
Posted on 8/7/17 at 10:18 am to hungryone
quote:
Oh, Lord, good luck. I swear, Lafourche has more unaddressed drainage issues than any other place on earth. And I doubt that your parish code enforcement is going to do anything to help you out.
Hit the nail on the head. Had to follow up with them weeks later just to get an answer. Just was told "we can't do anything about it, civil matter, you might have to file a lawsuit". I swear, pay income taxes, sales taxes, and property taxes so you can have institutions that are supposed to promote organized society. Call them for help, not our problem.
Posted on 8/7/17 at 10:28 am to man117
if misery loves company welcome to my world with difference being am waging battle on federal and state soil...so very dadburn frustrating and infuriating. Is it any wonder why so many lawsuits are filed? My home should be as insulated as the Texas Attorney General!!!
Posted on 8/7/17 at 8:16 pm to man117
So wait...it was an improvement to real property permitted by your local municipality and either the city or parish Permit official, and that same entity or authority is telling you that you have to go the civil court route?
They're refusing to enforce their own ordinance. The reason is they probably did a less than adequate job of ensuring the drainage necessary for the permitted work didn't impact you.
Contact your local police juror/city/parish councilman.
But before that. Who are you talking to that's telling you this?
They're refusing to enforce their own ordinance. The reason is they probably did a less than adequate job of ensuring the drainage necessary for the permitted work didn't impact you.
Contact your local police juror/city/parish councilman.
But before that. Who are you talking to that's telling you this?
This post was edited on 8/7/17 at 8:19 pm
Posted on 8/8/17 at 9:01 am to TigerDeBaiter
quote:
It's also illegal to drain on a neighbors yard. He probably knows that and is why he's avoiding you. It sounds like him or his contractor took a shortcut and stopped the drainage and/or just thought since it was an empty lot at the time "no big deal". He should fix it though.
Nevermind...
This post was edited on 8/8/17 at 9:04 am
Posted on 8/8/17 at 9:04 am to man117
quote:
we can't do anything about it, civil matter, you might have to file a lawsuit"
Theres a darker path here. Have a property survey done to get exactly where the property line is. If its on your property put a cap fitting on the end and bury it in concrete. When his pipe starts backflowing he will deal with it on his own.
Posted on 8/9/17 at 7:58 pm to NYNolaguy1
The water has made a hole 2' under your driveway? That sounds like some pretty serious water flow. You could rent a trencher for the day, and make a French drain to the back ditch. It will probably cost a couple hundred dollars.
This post was edited on 8/9/17 at 8:02 pm
Posted on 8/9/17 at 8:59 pm to Rust Cohle
Several people here have told you to plug the pipe. I seriously don't see any downside to this solution.... plus you are going to giggle so hard that you piss your pants every time you see him pull into his driveway.
Posted on 8/9/17 at 9:41 pm to man117
Build some type of cofferdam around it on your property and force the water back into his yard, end of issue.
Posted on 8/10/17 at 9:00 am to man117
How about some pics?
Posted on 8/10/17 at 9:33 am to cave canem
quote:
Build some type of cofferdam around it on your property and force the water back into his yard, end of issue.
This exactly. Screw having anyone else deal with this, I'd go talk to the guy and tell him this. Then send him a certified letter with a receipt saying the same thing.
Then, build up your yard with rocks or something, so that his drainage goes back into his own yard. Levee your yard basically. You could plant some shrubs or ground cover so it's not even noticeable.
What's he going to do then? Complain that he is draining into his own yard? Lol
This post was edited on 8/10/17 at 9:34 am
Posted on 8/10/17 at 9:44 am to man117
Still not sure why we have no pics
Posted on 8/10/17 at 10:03 am to Chad504boy
I'll think about posting pics guys. I really don't want to put too much personal stuff up but I do appreciate everyone's input. A few days ago, the neighbor put a coupler on it to turn the outlet but water still pools in that area. I really need to figure out how deep the erosion is so I can get it filled properly.
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