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Message
re: Drainage issue - pissed off neighbors
Posted on 5/27/20 at 7:56 am to kywildcatfanone
Posted on 5/27/20 at 7:56 am to kywildcatfanone
quote:
Not your fault if he always drained to your lot and now he can't.
This is not automatically true, at least not in LA.
0
Posted on 5/27/20 at 7:58 am to Cosmo
I'm visualizing roughly a V shaped property with the low spot in the middle.
OP has essentially created a dam at the low area and is creating a back up in the higher ground neighbors yard
OP has essentially created a dam at the low area and is creating a back up in the higher ground neighbors yard
Posted on 5/27/20 at 8:00 am to Gorilla Ball
I had this exact same problem. However my property was slopped to the front and back servitude’s. I also had a curb on one side and a ditch on the other Imagine a big parking lot. My neighbor started holding water because I built on land and curbed his side. I had sheet drainage and had to have a curb because city said so. Every time it rains water almost comes into his building and he was blaming me.
1. That’s not my water mine slopes to the front and to the back not Onto your property.
2. Does he think the lot is going to stay vacant for ever? And he, and whole neighborhood just drain on it forever?
3. What about your rights?
4. Did neighborhood approve your plans?
Tough conversation to have but that is not your water. Video his water in next down pour and video the flow of yours.
Ask before he spends HIS money for drainage if he would consider sticking his new pond
1. That’s not my water mine slopes to the front and to the back not Onto your property.
2. Does he think the lot is going to stay vacant for ever? And he, and whole neighborhood just drain on it forever?
3. What about your rights?
4. Did neighborhood approve your plans?
Tough conversation to have but that is not your water. Video his water in next down pour and video the flow of yours.
Ask before he spends HIS money for drainage if he would consider sticking his new pond
Posted on 5/27/20 at 8:01 am to lsu777
quote:
but his yard is lower than mine
Sounds like his yard is (or was) higher than yours. Water flows from high to low.
Posted on 5/27/20 at 8:02 am to Breesus
quote:
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?
It's not shared. My drainage is fine.
If I put a line in, would just drain his and would be 100% on his property and run from his back to his front.
As I mentioned I have zero to tie into drainage wise due to the way the city drainage was put in.
And I already said 10 times now what I am going to do. But mother fricker, you ever built a house? Doing exactly what you are talking about is how you end up 100 grand over budget. I mean what's an extra thousand here and there right?
Do you realize how fricking stupid that sounds?
Posted on 5/27/20 at 8:02 am to Havoc
My brother in laws sister in Lake Charles had the same thing happen to her when some new development came in and piled up their pads sky high causing their older neighborhood to flood from the smallest rain storms. They sued and won huge. She used the money to buy a brand new home in a big new development.
Posted on 5/27/20 at 8:03 am to lsu777
quote:
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.
How the frick did you become a PE without knowing one of the most basic concepts of modern stormwater management that says don't mess with upstream and downstream drainage patterns?
Posted on 5/27/20 at 8:05 am to lsu777
quote:What School is he Principal of?
Neither am I, it's the fricking principal that i would have to fix someone else's lack of planning.
PS: You’re generally responsible for maintaining the natural drainage status quo of upstream (dominant) adjacent properties.
Your filling of your lot has altered the hydrological dynamic to your neighbor’s detriment.
He cannot do anything to improve his drainage by doing anything on his property.
He is 100% reliant on you to solve this new problem because it is 100% your fault.
How would you like this to have happened to you?
Posted on 5/27/20 at 8:07 am to Tiger Ryno
quote:
They sued and won huge. She used the money to buy a brand new home in a big new development.
The new “American Dream”.
Posted on 5/27/20 at 8:07 am to lsu777
quote:
If I put a line in, would just drain his and would be 100% on his property and run from his back to his front.
If his lot is draining to the back, it's going to be tough getting enough fall to bring the water to the front of the lot.
ETA: Are we assuming that the neighbor has not altered the drainage pattern to his lot? Would be nice to see the original drainage plan for this neighborhood.
This post was edited on 5/27/20 at 8:14 am
Posted on 5/27/20 at 8:09 am to lsu777
quote:
expect me to spend 10k
It might cost you more later
Posted on 5/27/20 at 8:15 am to Janky
quote:
the city approved it I can’t see how it is your problem
This
Posted on 5/27/20 at 8:16 am to Uncs
1. Already told him and he acknowledged it wasn't my water onto him
2/4. As mentioned they are a different neighborhood, developed in the late 80s- early 90s. We are a new development. He mentioned that he wanted to buy the lot so no one built on it but the rule about building within 2 years made him not plus he said he couldn't afford it. Lot cost close to the same as his house is worth.
3. Exactly, my issue I don't understand how me not allowing flow into my property is my issue. But the law is weird in this situation.
And yes to the posters above you, essentially when they cleared the land and did the development about 5 years ago, he bitched and they dug a small swell ditch from his low spots in his yard that flowed through middle of mine. I have to build a house in that location and have to be 24" above grade. So not he can flow. His yard is low all over except a hill to one side.
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.
2/4. As mentioned they are a different neighborhood, developed in the late 80s- early 90s. We are a new development. He mentioned that he wanted to buy the lot so no one built on it but the rule about building within 2 years made him not plus he said he couldn't afford it. Lot cost close to the same as his house is worth.
3. Exactly, my issue I don't understand how me not allowing flow into my property is my issue. But the law is weird in this situation.
And yes to the posters above you, essentially when they cleared the land and did the development about 5 years ago, he bitched and they dug a small swell ditch from his low spots in his yard that flowed through middle of mine. I have to build a house in that location and have to be 24" above grade. So not he can flow. His yard is low all over except a hill to one side.
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.
Posted on 5/27/20 at 8:17 am to lsu777
So am I reading omit correctly that a swell was previously dug on your property before you purchased it. The swell is no longer there, so now they have an issue. I assume that swell was man made. So wouldn’t that do away with the modified natural drainage argument?
Also, side note, how they gonna prove your house fricked their drainage? It sounds like this is something not obvious. That rain a week or two back was fast and furious. I bet he always has a degree of issue with drainage
Also, side note, how they gonna prove your house fricked their drainage? It sounds like this is something not obvious. That rain a week or two back was fast and furious. I bet he always has a degree of issue with drainage
Posted on 5/27/20 at 8:18 am to BottomlandBrew
quote:
How the frick did you become a PE without knowing one of the most basic concepts of modern stormwater management that says don't mess with upstream and downstream drainage patterns?
I didn't say I was a PE, I work in the fricking plants, we don't deal with that very much.
This post was edited on 5/27/20 at 8:21 am
Posted on 5/27/20 at 8:18 am to lsu777
I had a neighbor with a similar situation in the early 2000's. New neighborhood, old neighborhood behind. From my understanding, and I do contracting. Is you cannot change the natural, existing g flow of water. If you were handling that water before you have to provide a relief. Its the only way to drain neighborhoods. You should route that water to the property lines with swells. Most new subdivisions have to have an engineered drainage plan to avoid this.
Back to my neighbor, the neighborhood to get approved had swells between the old and new neighborhood. He basically changed the height of the swell by covering it with underground drainage system. The grates were like 1.5 inches too high (I think they didn't take off for the thickness of something) and the neighbors lot drained but held 1" water after rain. They went to court my neighbor lost and had to redo all the drainage. I read the state Supreme Court decision online.
Back to my neighbor, the neighborhood to get approved had swells between the old and new neighborhood. He basically changed the height of the swell by covering it with underground drainage system. The grates were like 1.5 inches too high (I think they didn't take off for the thickness of something) and the neighbors lot drained but held 1" water after rain. They went to court my neighbor lost and had to redo all the drainage. I read the state Supreme Court decision online.
Posted on 5/27/20 at 8:20 am to Libertariantiger
Yea contractor thinks I would win in court but who cares, cost me more in lawyer fees to win.
Just going to fix the shite.
Just going to fix the shite.
Posted on 5/27/20 at 8:23 am to Tygra
quote:The entitlement mentality is strong. I deal with similar issues often especially near high density areas.
WTH Why are these people making changes to land that isn’t theirs?
Posted on 5/27/20 at 8:24 am to lsu777
It is a SWALE. Not a swell 
If it's a big problem maybe you can sale your lot
quote:
swale - a low place in a tract of land, usually moister and often having ranker vegetation than the adjacent higher land.
quote:
swell -
: to expand (as in size, volume, or numbers) gradually beyond a normal or original limit the population swelled; to become distended or puffed up
If it's a big problem maybe you can sale your lot
Posted on 5/27/20 at 8:24 am to lsu777
The guy I know lost and had to drain the existing lot. You got a user name email? I'll shoot you the case name.
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