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re: Am I responsible for neighbor's drainage?

Posted on 2/8/17 at 7:54 am to
Posted by TDFreak
Coast to Coast - L.A. to Chicago
Member since Dec 2009
9417 posts
Posted on 2/8/17 at 7:54 am to
Was this pond really dug in the 80s or was it already there and only dug deeper in the 80s?

If their land drained that way from the beginning of time, then why do they have to pay to regrade their property to now drain to the street.
This post was edited on 2/8/17 at 7:56 am
Posted by Boudreaux35
BR
Member since Sep 2007
22281 posts
Posted on 2/8/17 at 7:56 am to
quote:

worst thing in the world is having drama with your neighbors and constantly having to deal with it.


THIS! Maybe not the absolute worst thing in the world, but it definitely is aggravating. Much better to have a neighbor who you are friends with and can count on than one who is happy to see you in a bind.
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
9008 posts
Posted on 2/8/17 at 7:56 am to
Maybe they just want to propose a project to you that they're going to pay for? "Talk about their drainage" could mean a lot of things.
Posted by ItzMe1972
Member since Dec 2013
12886 posts
Posted on 2/8/17 at 7:57 am to
"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."

I am sympathetic as I had a neighbor bring in dirt and flood my newly sodded yard. I had to bring in dirt myself and re-sod. In hind sight I should have sued.

From a legal stand point (not a lawyer), you cannot alter the normal/natural drainage.

Was his yard always draining onto your property? Or did he change it?
Posted by BottomlandBrew
Member since Aug 2010
30185 posts
Posted on 2/8/17 at 7:57 am to
Check local laws, but most places have ordinances that say you cannot adversely affect drainage of other properties. Runoff before modifications has to equal the runoff after modifications. There are a few exceptions, but not likely in your scenario.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
70176 posts
Posted on 2/8/17 at 7:59 am to
quote:

Their yard drained into the small pond on my property.


you should ask why its your problem that their yard doesn't drain on your property
Posted by Chuckd
Louisiana
Member since May 2013
797 posts
Posted on 2/8/17 at 8:01 am to
My parents have a small "ditch" that goes behind their property and their neighbors, well his neighbors decided to Sand bag the ditch the keep the water out of their yard. Dad called the police jury and they said there was nothing they could do because it wasn't a parish ditch. My dad ended up having to re grade his yard to make it drain the opposite direction it naturally wants to.
Posted by AUbagman
LA
Member since Jun 2014
11182 posts
Posted on 2/8/17 at 8:02 am to
Just talk to them, and if it doesn't create any undue hardship on you, work with them. Nothing worse than having an enemy as a neighbor.
Posted by cgrand
HAMMOND
Member since Oct 2009
50767 posts
Posted on 2/8/17 at 8:05 am to
quote:

plant some bamboo


capital punishment is not unreasonable for this offense
Posted by doubleb
Baton Rouge
Member since Aug 2006
43038 posts
Posted on 2/8/17 at 8:07 am to
If the work you did changed the existing drainage pattern of the land then I believe you are legally responsible.
Posted by doubleb
Baton Rouge
Member since Aug 2006
43038 posts
Posted on 2/8/17 at 8:09 am to
I think they gave your parents bad advice, in La. I believe you had the law on your side. If not La. then I could very well be wrong.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
15281 posts
Posted on 2/8/17 at 8:11 am to
Go poo on their doorstep and tell them your doo-doo is now their responsibility.
Posted by Negative Nomad
Hell
Member since Oct 2011
3173 posts
Posted on 2/8/17 at 8:12 am to
(no message)
This post was edited on 4/3/17 at 4:24 pm
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 2/8/17 at 8:14 am to
quote:

quote:
quote:

plant some bamboo



capital punishment is not unreasonable for this offense


Might as well throw is some kudzu and burmuda grass, too.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21517 posts
Posted on 2/8/17 at 8:24 am to
Louisiana imposes a servitude of drain on landowners.

Civil Code 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.

Art. 656. Obligations of the owners.

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.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
22015 posts
Posted on 2/8/17 at 8:37 am to
I have seen this in a neighborhood close to us. Resident A had water collecting in his yard due to neighbor B having a backyard a bit higher than his. Every hard rain A is basically flooded. During a dry stretch A hauled in dirt and then B collected water. B added dirt and A collected water. All they really need is a joint effort to run a drainage rut/ditch to neighbor C to solve their problem.
Posted by NYNolaguy1
Member since May 2011
21836 posts
Posted on 2/8/17 at 8:43 am to
At least here each property is responsible for their own drainage. That's not to say it's a bad idea to talk to them, though. Having good relations with your neighbors can pay off down the road.
Posted by Jimmy2shoes
The South
Member since Mar 2014
11004 posts
Posted on 2/8/17 at 9:00 am to
quote:

subservient estate

Some 50 shades stuff right there!
Posted by jamboybarry
Member since Feb 2011
33256 posts
Posted on 2/8/17 at 9:06 am to
quote:

and plant some bamboo.


You're a dickbag for this shite right here. Hope your neighbors napalm your place cause that's what it will take to keep that frickery from growing onto their property
Posted by HebertFest08
The Coast
Member since Aug 2008
6565 posts
Posted on 2/8/17 at 9:10 am to
Speaking of this...
I have a question along these lines as well. Live in a neighborhood in south BR. Bought the home with the realtor/current owners at the time not telling me the back yard was a shite show with hard rains in the back corner of the yard. No wonder the bald cypress is 50ft tall. Within the first year the back neighbor basically concreted his whole backyard and tie that in with the neighbor next me who has the rubber flower garden rails running against the fence makes for a pool of water in my yard ankle deep. Oh and the other "catacorner" neighbor has the driveway that comes up within a few feet of that area as well. I thought this was a natural drainage, but the neighbor to the other side has no signs of any drainage coming my way.

Ends up causing water to backup so much the natural drainage to the front of the home can't keep up and water holds up all the way to my carport. I don't know what to do. Should I just fill that bitch up?
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