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Started By
Message
re: Drainage issue - pissed off neighbors
Posted on 5/27/20 at 7:00 am to WylieTiger
Posted on 5/27/20 at 7:00 am to WylieTiger
quote:
Get the developer back to fix it.
Good luck with that
0
Posted on 5/27/20 at 7:08 am to LSUDAN1
quote:
Sorry to tell OP you are responsible. If his yard was draining before your improvements to to your yard and now it doesn't, you have changed the drainage patterns without consideration. You should be responsible to make sure sheet flow is captured and routed out. If he can prove in court, you will be responsible.
I am going to agree with this with the caveat that local laws can vary. I've done my fair share of drainage plans and you always have to take in to account flow on to the site and flow off the site. Generally, you have to allow for the same amount coming on to the site and going off the site. Any changes to those volumes and rates can potentially make you legally liable for damages that occur from either backing up water upstream or discharging more water downstream (and you can also get in trouble for reducing the amount of water going downstream).
As for the city approving it already, good luck with that in court. I've seen some pretty egregious violations get approved only to be overturned by judges.
Posted on 5/27/20 at 7:16 am to lsu777
I’ve had enemies for neighbors and it sucks. I would fix the issue because I’m not poor.
Posted on 5/27/20 at 7:21 am to BottomlandBrew
Very interesting thread and I hope the OP keeps us updated on it.
OK experts, how much of a neighbors fairly large tree has to be in your yard before you can do something about it? I know that you can trim any branches that overhang on your your property.
The trunk is in his yard but there are above ground roots in my yard. Can I have a stump grinder grind those roots in my yard, even if it may cause damage to the tree?
I've tried being diplomatic with my neighbor to solve this, but he won't budge.
OK experts, how much of a neighbors fairly large tree has to be in your yard before you can do something about it? I know that you can trim any branches that overhang on your your property.
The trunk is in his yard but there are above ground roots in my yard. Can I have a stump grinder grind those roots in my yard, even if it may cause damage to the tree?
I've tried being diplomatic with my neighbor to solve this, but he won't budge.
Posted on 5/27/20 at 7:28 am to lsu777
Has anyone asked how the neighbor has his cell phone number?
Posted on 5/27/20 at 7:28 am to lsu777
These neighborhoods popping up all over the north shore have definitely made flooding there much worse.
Posted on 5/27/20 at 7:29 am to Skillet
quote:
I know that you can trim any branches that overhang on your your property.
I thought you couldn't. Hmm
Posted on 5/27/20 at 7:31 am to GEAUXT
quote:
Has anyone asked how the neighbor has his cell phone number?
This little nugget right here.
quote:
But they and another set behind us are friends with mother in law and a big reason for this move is she is moving in with us.
It was in the OP.
Posted on 5/27/20 at 7:34 am to GEAUXT
They probably Duck Duck Go'd his name. You can get almost any info on anyone these days.
Posted on 5/27/20 at 7:34 am to lsu777
I need a MS paint drawring of the lots
This post was edited on 5/27/20 at 7:34 am
Posted on 5/27/20 at 7:47 am to NOLATiger163
Enjoyed your reply. Can you give an opinion of Cummings v. Boudreaux concerning a predial servitude?
Posted on 5/27/20 at 7:49 am to lsu777
I don’t understand the downvotes
Posted on 5/27/20 at 7:51 am to lsu777
quote:
He wants me to pay to put in drainage so his land can drain. I told him he is responsible for draining the water in his lot and so long as I wasn't draining on to his, it wasn't my issue. Told him I would do the best I could when we grade out to help it drain, but his yard is lower than mine and always had been except for a small swell running through the middle of my property.
You are correct, your only issue is not to drain on his property in the future. Not your fault if he always drained to your lot and now he can't.
Posted on 5/27/20 at 7:52 am to BottomlandBrew
Wow morning crew is all over this. To answer a couple questions
Neighbors sent it through Facebook messenger to the wife as she is friends on Facebook with them.
I understand they can make my life a pain in the arse if I don't do anything and it will hurt Mother in law friend wise.
I am going to get my dirt guy out there as soon as my pad dries and see if he can get it flowing. Issue is there is a fiber optic cable that runs right there so not going to be easy. If I can spend 1000 to get a swell in and get it flowing, that's cheaper than going to court even if I win. I should fall under reasonable use statue, but Louisiana law is very unclear on this so better to be safe than sorry.
I get all the other things. To clarify, I'm not flowing into them, they used my land as drainage and when the land was cleared, had a small swell dug through the lot to drain there, went right through the middle where my house is going to be.
I planned to possibly out catch basins around the property and install drainage along the side of the house. But issue is when they developed the land they did not run culverts through the culdesac. They stopped at adjacent property so I have place to tie in at. So it's going to have to be a small swell around the outside.
Neighbors sent it through Facebook messenger to the wife as she is friends on Facebook with them.
I understand they can make my life a pain in the arse if I don't do anything and it will hurt Mother in law friend wise.
I am going to get my dirt guy out there as soon as my pad dries and see if he can get it flowing. Issue is there is a fiber optic cable that runs right there so not going to be easy. If I can spend 1000 to get a swell in and get it flowing, that's cheaper than going to court even if I win. I should fall under reasonable use statue, but Louisiana law is very unclear on this so better to be safe than sorry.
I get all the other things. To clarify, I'm not flowing into them, they used my land as drainage and when the land was cleared, had a small swell dug through the lot to drain there, went right through the middle where my house is going to be.
I planned to possibly out catch basins around the property and install drainage along the side of the house. But issue is when they developed the land they did not run culverts through the culdesac. They stopped at adjacent property so I have place to tie in at. So it's going to have to be a small swell around the outside.
Posted on 5/27/20 at 7:52 am to kywildcatfanone
Sounds like you can save some money on the pool and go swimming in your neighbors backyard.
Posted on 5/27/20 at 7:53 am to lsu777
quote:
He wants me to pay to put in drainage so his land can drain
How long are we talking? A couple hundred feet to a sewer?
You have the money to build and entire house and grade up your lot but you can’t spend a couple grand on a shared drainage line?
Posted on 5/27/20 at 7:54 am to kywildcatfanone
quote:
You are correct, your only issue is not to drain on his property in the future. Not your fault if he always drained to your lot and now he can't.
Again, laws vary, but most of them I've seen require you to accept existing flow from adjacent properties. For example, here is what East Baton Rouge's code says:
quote:
In the design of the drainage for a development, provisions must be made to adequately convey water from contributing watersheds. All drainage ways shall be constructed to meet current drainage needs but shall have adequate servitudes for the future needs of contributing watersheds, as determined by the Department of Development
Posted on 5/27/20 at 7:55 am to Vastmind
quote:
I’ve had enemies for neighbors and it sucks. I would fix the issue because I’m not poor.
Neither am I, it's the fricking principal that i would have to fix someone else's lack of planning.
FTR those asking how I know I don't drain on their lot, I am a civil engineer and verified the survey and verified the dirt contractors elevations myself with my laser level.
Posted on 5/27/20 at 7:55 am to lsu777
As long as you are in compliance his issue is with the county/parish, not you.
Posted on 5/27/20 at 7:55 am to lsu777
Honestly - it wouldn’t hurt to not piss off the new neighbors. But if he’s being a jerk about it....
When you install the fence, make sure there is a nice knee wall that’s taller than the foundation of his house.
When you install the fence, make sure there is a nice knee wall that’s taller than the foundation of his house.
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