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Message
Flooding concerns from neighbors new patio
Posted on 10/5/18 at 1:07 pm
Posted on 10/5/18 at 1:07 pm
My neighbor and I have a pretty decent relationship. We don't come to each other's houses for dinner, but chat out front occasionally. He's been doing a bunch of updates on his house because he's probably looking to sell. (He mentioned his timeframe for living in New Orleans when he moved in before moving back home, and it is about that time.)
He said he was replacing the patio which was a 8' x 12' or so slab with an old metal covering. He used to have some areas that would flood a bit on the side and had gravel for about 2-3' between the fence and old patio.
Today, I see they just finished pouring a slab that runs the entire length of the fence from his backdoor on my side that is about 3 inches above ground level and is now all the way to our shared fence. I doubt they set it to run off into his own yard, and I couldn't ask anything because I don't speak Spanish.
I plan on asking him about it, but wanted to know what rights I have if things become rough. Is the answer that it is his yard so it doesn't matter if I start to flood and it's my problem now? Should he have to help solve whatever problems it creates for me?
TL;DR-
Friendly neighbor's new patio now runs entire length of fence and makes the area from his house along our shared property line solid concrete set 3" above ground level. If this causes my yard to flood now, do I have any recourse? (Yes, I am going to chat with him about it before taking serious measures.)
He said he was replacing the patio which was a 8' x 12' or so slab with an old metal covering. He used to have some areas that would flood a bit on the side and had gravel for about 2-3' between the fence and old patio.
Today, I see they just finished pouring a slab that runs the entire length of the fence from his backdoor on my side that is about 3 inches above ground level and is now all the way to our shared fence. I doubt they set it to run off into his own yard, and I couldn't ask anything because I don't speak Spanish.
I plan on asking him about it, but wanted to know what rights I have if things become rough. Is the answer that it is his yard so it doesn't matter if I start to flood and it's my problem now? Should he have to help solve whatever problems it creates for me?
TL;DR-
Friendly neighbor's new patio now runs entire length of fence and makes the area from his house along our shared property line solid concrete set 3" above ground level. If this causes my yard to flood now, do I have any recourse? (Yes, I am going to chat with him about it before taking serious measures.)
16
Posted on 10/5/18 at 1:09 pm to nolatiger711
have to run those renters out baw
Posted on 10/5/18 at 1:09 pm to nolatiger711
Are there no permit restrictions for how close a concrete slab can be to the fence?
We recently added a pool in our backyard and had bad drainage issues after. Just installed a new 4”drain line on that side of the house, you can talk to him and see if he will pay for one on you side if the water is an issue, but I would talk to him now before there is a problem. Maybe they did run one underneath the slab.
We recently added a pool in our backyard and had bad drainage issues after. Just installed a new 4”drain line on that side of the house, you can talk to him and see if he will pay for one on you side if the water is an issue, but I would talk to him now before there is a problem. Maybe they did run one underneath the slab.
Posted on 10/5/18 at 1:12 pm to nolatiger711
quote:
Friendly neighbor's new patio now runs entire length of fence and makes the area from his house along our shared property line solid concrete set 3" above ground level. If this causes my yard to flood now, do I have any recourse?
You might. I don't think a neighbor can just alter their property in a way that causes damage to yours.
He needs to put in proper drainage.
Was this a DIY project? I swear, nobody ever thinks about drainage when they do these things.
This post was edited on 10/5/18 at 1:13 pm
Posted on 10/5/18 at 1:12 pm to nolatiger711
Had a similar issue with a neighbor. Built an elevated garden on my side that acted like a dam. Flooded the shite out of his yard. He fixed his problem.
Posted on 10/5/18 at 1:14 pm to nolatiger711
You’re borrowing problems. Wait and see if it’s even something to cry about
Posted on 10/5/18 at 1:16 pm to nolatiger711
You should have thought about this before never inviting him over for dinner
Posted on 10/5/18 at 1:18 pm to CorkSoaker
I'd document everything!
Posted on 10/5/18 at 1:19 pm to nolatiger711
La Civil Code art. 655
La Civil Code Art 656
quote:
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 Art 656
quote:
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 on 10/5/18 at 1:19 pm to BeerMoney
Usually there is legal recourse for changing the flood pattern/zone that impacts someone else. 1) Talk with him 2) See if is an issue during a rain 3) Get legal involved if needed.
You cant just funnel your water onto someone else’s property if it hasn’t existed like that previously. You have a case in my opinion.
You cant just funnel your water onto someone else’s property if it hasn’t existed like that previously. You have a case in my opinion.
This post was edited on 10/5/18 at 2:44 pm
Posted on 10/5/18 at 1:21 pm to GetCocky11
quote:
You might. I don't think a neighbor can just alter their property in a way that causes damage to yours.
He needs to put in proper drainage.
Was this a DIY project? I swear, nobody ever thinks about drainage when they do these things.
All true. Especially the last statement.
As someone else also said, make sure there is a problem before confronting.
Posted on 10/5/18 at 1:23 pm to GoHoGsGo06
In my case I’d talked to my neighbor concerning how his property drained on mine. He kept saying he would fix it but didn’t. Rather than go the legal route I just fixed my problem. I even told ole baw about it. Landscape timbers and dirt, done.
Posted on 10/5/18 at 1:25 pm to nolatiger711
Thanks everyone for the quick advice. I just wanted to make sure I wasn't making things up in my head about him not being able to do that if it causes problems for me. I would think we can figure things out amicably, unless he is done being friendly neighbor since he will be moving out of state.
Posted on 10/5/18 at 1:28 pm to cajunandy
quote:
The owner of the dominant estate may not do anything to render the servitude more burdensome.
seems pretty cut and dry here. unless your properties are level. in which case, i don't see why the same shouldn't apply.
Posted on 10/5/18 at 1:30 pm to Masterag
if they are level then you cannot change grade to where the drainage then goes to the neighboring estate where it did not before.
Posted on 10/5/18 at 1:42 pm to nolatiger711
I would certainly have a friendly conversation with him today or tomorrow.
Something like... "that's a nice looking slab you poured, I wonder if when the water runs off of it directly into the fence if it's going to impact my drainage?" See what he says... at least you'll know what he's thinking, and he'll know that you're concerned.
Wait for rain, take pics, and go to the OT for legal advice if needed.
Something like... "that's a nice looking slab you poured, I wonder if when the water runs off of it directly into the fence if it's going to impact my drainage?" See what he says... at least you'll know what he's thinking, and he'll know that you're concerned.
Wait for rain, take pics, and go to the OT for legal advice if needed.
Posted on 10/5/18 at 1:51 pm to cajunandy
quote:
if they are level then you cannot change grade to where the drainage then goes to the neighboring estate where it did not before.
doesn't sound like neighbor is changing grade. if i'm imagining correctly he's extending a level plane to the edge of the property
Posted on 10/5/18 at 1:52 pm to nolatiger711
pour a slab 1" higher on your side
Posted on 10/5/18 at 1:56 pm to Grassy1
Agreed. Tell him everything looks good and ask him where the water intends to drain...if he points anywhere near your fence or he doesn’t know then you know you have something.
Posted on 10/5/18 at 2:01 pm to nolatiger711
Dudes about to move out and laugh all the way home thinking about intentionally flooding your yard
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