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Message
re: Drainage issue - pissed off neighbors
Posted on 5/27/20 at 11:47 am to Jester
Posted on 5/27/20 at 11:47 am to Jester
quote:
drainage plan
I get the impression that it's very rare in Louisiana to see effective drainage plans when builders build new sub-divisions. The development managers want to take the money build the project as fast and as cheaply as possible and then disappear.
0
Posted on 5/27/20 at 11:49 am to lsu777
If his drainage was established prior to you building, you absolutely have to accommodate the situation.
you will lose in court....
you will lose in court....
Posted on 5/27/20 at 12:17 pm to CharlesLSU
how are yall not understanding that this guy didn't just plop up on this piece of random land and start building? this property was a developed neighborhood and he is building per his parish's and lot's requirements/restrictions. He didn't set them. He built his house and graded his property as required. The parish/developer agreed that when houses and improvements would be built on this land, they would have to meet certain requirements. This is on them.
Note: it's going to be a PITA for him but it's not his issue to resolve, all he can do is elevate it (pun intended) to the developer/parish.
Note: it's going to be a PITA for him but it's not his issue to resolve, all he can do is elevate it (pun intended) to the developer/parish.
Posted on 5/27/20 at 12:24 pm to statman34
quote:
Bottomline is the metro council rubber stamps everything that they can. As long as they get their share of the kickback developers can pretty much do what the want.
THIS.
People who assume that any metro council is going to meticulously pay attention to all relevant details in order to ensure that all Development is in strict compliance with La. drainage servitude laws is MONDO LOCO, SENOR.
Posted on 5/27/20 at 12:26 pm to lsu777
quote:
I did just speak to my contractor and he says more than likely due to me building after them, I will have to fix. Says I would prolly win in court but cost me way more in the long run.
Your contractor is just telling you that so you will go ahead and pay him to fix the issue
Posted on 5/27/20 at 12:30 pm to Coon
ok, in Texas, he would be on the hook to mitigate existing conditions, fair or not in the eyes of the lay person.
Posted on 5/27/20 at 12:30 pm to lsu777
At least you have that nearby bayou that the entire area can drain into. If some additional drainage-assistance features need to be built to facilitate drainage to the bayou, so be it.
IMHO, that nearby bayou may just be the solution to the problem, which is probably a sub-division wide problem.
IMHO, that nearby bayou may just be the solution to the problem, which is probably a sub-division wide problem.
Posted on 5/27/20 at 12:32 pm to Champagne
quote:
THIS.
People who assume that any metro council is going to meticulously pay attention to all relevant details in order to ensure that all Development is in strict compliance with La. drainage servitude laws is MONDO LOCO, SENOR.
The municipality or parish should have their own qualified professionals to adequately inform them.
Posted on 5/27/20 at 12:41 pm to lsu777
When he sues you, you might get a discovery request to produce message board postings about the topic (smart lawyers will ask). You might want to quit talking about it here.
Posted on 5/27/20 at 12:44 pm to Jester
Exactly, the low land neighbor should be contacting the parish drainage department, not the new home builder.
If the low land fella didn’t know who the new home builder even was and had no contact info, what would he do then, who would he complain to? I’m also sure the low land fella didn’t wake up 1 morning and look out his back window and say “holy shite, there’s a new subdivision in my back yard”. Low land fella shoulda went to parish council meetings or bring it up to someone so they coulda dealt with his issue before this.
If the low land fella didn’t know who the new home builder even was and had no contact info, what would he do then, who would he complain to? I’m also sure the low land fella didn’t wake up 1 morning and look out his back window and say “holy shite, there’s a new subdivision in my back yard”. Low land fella shoulda went to parish council meetings or bring it up to someone so they coulda dealt with his issue before this.
Posted on 5/27/20 at 12:53 pm to chinhoyang
quote:
When he sues you, you might get a discovery request to produce message board postings about the topic (smart lawyers will ask). You might want to quit talking about it here.
He isn't going to sue me as I won't let it get that far. Once Word from the city is sent to me I am going to reach out to him and come to an agreement.
Posted on 5/27/20 at 12:53 pm to WillFerrellisking
I hope the OP bookmarks the thread and explains the resolution of the issue once it's settled.
This is a "property law" case and there are no moral wrongdoers here. IMHO there are no statements on here that the OP might later find detrimental to his case. The case turns on the law and the regs, not what OP says or thinks about the proper resolution.
It is a mess, but, neither the OP or his aggrieved neighbor have done anything morally wrong so far. It's a shame that all developers can't address these issues before real people are aggrieved due to water drainage issues.
This is a "property law" case and there are no moral wrongdoers here. IMHO there are no statements on here that the OP might later find detrimental to his case. The case turns on the law and the regs, not what OP says or thinks about the proper resolution.
It is a mess, but, neither the OP or his aggrieved neighbor have done anything morally wrong so far. It's a shame that all developers can't address these issues before real people are aggrieved due to water drainage issues.
Posted on 5/27/20 at 12:56 pm to lsu777
unless the fire optic company has an easement on file for your property, they should not be in your way. If the cable is on developers property/city take a backhoe to it and ask forgiveness
Posted on 5/27/20 at 12:58 pm to Champagne
Exactly. I will do my best to meet him half way. Once I get word from the city planners I am going to call the guy and discuss it. I don't want a pissed off neighbor. I'm gonna offer to put a Swale along the property line as best I can to alleviate the issue, but I am going to ask him to put in a permanent solution. I will get everything in writing. Hopefully this leaves all parties only aggravated, not pissed at each other.
Not only do I not want a pissed off neighbor, I don't want water sitting on my damn property line.
Not only do I not want a pissed off neighbor, I don't want water sitting on my damn property line.
Posted on 5/27/20 at 1:35 pm to lsu777
quote:
Not only do I not want a pissed off neighbor, I don't want water sitting on my damn property line.
If the rules say that somehow his property changed to alter the natural drainage pattern such that you can't be compelled to address the issue, then, I guess that he is the one that will have a ditch, swale or pond along the back of his property. That water has to go someplace.
Posted on 5/27/20 at 1:38 pm to Trevaylin
quote:
unless the fire optic company has an easement on file for your property, they should not be in your way. If the cable is on developers property/city take a backhoe to it and ask forgiveness
Doesn't work like that at all. Can't just go hit it. Trust me we had a onecall and they didn't mark it and we hit it, huge shitstorm, not for me but just in general.
This post was edited on 5/27/20 at 1:48 pm
Posted on 5/27/20 at 1:55 pm to lsu777
Don't forget what happened to Big Lee(RIP in Peace) and his neighbor arguing over a little water from across the fence line...
Posted on 5/27/20 at 2:11 pm to Skillet
quote:
I know that you can trim any branches that overhang on your your property.
You can’t touch his tree branches or roots without his permission. You can make a claim that his tree branches are infringing on the use and enjoyment of your property and demand that he prune them.
This post was edited on 5/27/20 at 2:13 pm
Posted on 5/27/20 at 2:18 pm to Champagne
The point of confusion for me is the fact it isn’t natural drainage as the neighbor went onto a neighboring, undeveloped property (likely without permission) and created the drainage himself. Serious question: Are those citing the code or law saying that the neighbor has the right to do that if it is undeveloped land and the legal recourse to back up that action when it is developed?
Ron Swanson would not approve.
Ron Swanson would not approve.
Posted on 5/27/20 at 2:20 pm to Tygra
Not one picture posted in this thread.
Disregard
Disregard
This post was edited on 5/27/20 at 5:50 pm
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