Question about drainage in a backyard (Huntsville, Madison: for sale, HOA, appliances)

[boilrmkr]

We are looking at a house to purchase and across the backyard is what I think is called a swale. It is a small "ditch" in which water flows through the yard when it rains so that it doesn't pool in the yard. The water flows into a drainage pipe-which isn't visible-and that drain is in this yard.

I have never seen this before and am wondering if any of you are familiar with this and have you ever heard of any problems with them. I'm just not sure I want all of the water draining into my yard but water flows through several yards in the neighborhood.

[Charles]

I think I have one of those in my backyard. I would think if quality engineering was performed there would be no problems - but there could be. Everyone's situation is unique.

I am at the top of this swale, sounds like you are at the bottom. As long as the water drains, even in the heaviest downpours, probably isn't a problem. I don't know.

One thing I would point you to is the Huntsville City Interactive Maps which shows the flood control pipes.

http://gismaps.hsvcity.com/main.asp?MapWidth=762 (broken link)

Click on Features and then "Storm Water"

[boilrmkr]

The swale in this yard is where these rocks are. I am reading online that swales prevent flooding but I wonder what might happen if the drain pipe becomes clogged. Because it is on private property is it the homeowner's responsibility?

[Elizabeth_G]

boilrmkr: That is a great house! I've actually shown it several times. Isn't the backyard great! I'd run by there first thing in the morning and check the "swale" area. As much rain as we have had, now would be the time! If I remember correctly, isn't the street level, for the most part? Meaning, it's not at the lower end of the subdivision?

[HB2HSV]

What kind of plant is that next to the bridge, is it corn?

[madisonmamma]

Honor Way is a level street all the way, but from County Line down to the mid 200 block there is a U&D easement for water drainage from County Line. It ends where the big concrete drainage pipe is around 214 Honor. Water will be in the easement when it rains, it is gone this morning. You will see water in the easement when the rain is especially heavy and it disappates as the rain slacks.

Another concern you may want to consider about that house that many buyers have had when looking at properties at that part of Honor is the land behind it. That land has been up for sale, and it is zoned commercial. That WILL affect your value if it is ever developed, and with the new Wal Mart coming soon, you can bet someone will buy that land and build something sometime in the future. Land on 72 is a hot commodity and businesses are realizing that area is prime land because of its proximity to all the new development in East Limestone. I believe that tract is behind that property...if it is, I can tell you it is in Huntsville City, it is for sale, I know who owns it, and it is zoned commercial. The Brook is back there somewhere, I can't remember if it is behind that house but I don't think it is.
Also, price per foot nothing has sold that high in Lexington...the highest was 107/foot and that house was absolutely perfect and had a inground pool, and the other was 103/ft and, again, a gorgeous house with lots of upgrades...granite, high end appliances, ect. THe others that have sold over $100 a foot have been smaller so you would expect that since price per foot and square footage have an inverse relationship. The detached does add some value, but not too much since it is not brick as it should be.

[boilrmkr]

That detached building is just a storage shed with a garage door. It does not have a cement foundation. I have seen many sheds in the neighborhood and they are all similar in material. I agree it shouldn't add as much value as I think the seller thinks it does.

Is the property behind Lexington that close to 72 that a business would build there?

[madisonmamma]

Yes, it is.....enough acreage for large commercial. The north boundary of Lexinton is the Madison city line, literally.

I did lots of research on this matter for a client who was considering two properties on Honor that were on the market in 2007.

[boilrmkr]

Good to know. Thanks!

[madisonmamma]

One other thing I will point out about that property....

Lexington CCRs state that the only acceptable fencing is 6ft (no more) wood privacy scalloped. That property has aluminum fencing. Also the fencing cannot come up past the back corner of the property.....yeah, how many houses have conformed to that?

The thing about Lexington right now is there is not a "legally" established HOA. Therefore, there is no HOA to fine you or any other property owner for CCR violations, and there are a lot in Lexington. However, homeowners are pushing to establish the HOA, and hopefully it will happen soon. What does that mean? When the HOA is legally in place, the HOA can fine all homeowners who have CCR violations, even if they occured before the HOA was in place, because these were established when the neighborhood was developed. Without an HOA all that can be done is a court injunction filed, so no one right now has any real "power". Something you need to think about.

I will give you an example of how this "could" play out....I had a client a couple of years ago who purchased a property on a lake in a neighborhood with CCRs yet no HOA (yet). We read through the CCRs and they stated that lakefront properties were limited to the aluminum fencing or wrought iron fencing as to not obstruct the lake views. All other properties were to have the wood privacy scalloped fences. My clients asked what would happen "if" they put up a wood fence on their lake front home....I told them that if the HOA was established that they could come back and make them rectify the fence issue. What did they do? Spent $2800 on a wood privacy fence. Less than a year later...the HOA was formed. First order of business was a notice to them that they would have to remove their wood fencing and replace with the acceptable fencing, if they desired to replace the fence. So, they had to tear down that $2800 fence and spend $4000 on the proper fencing. She called me beside herself...I had warned her it was a risk and that it could happen. Can it happen....yes! Will it....who knows? Just another thing you need to consider when dealing with properties with deed restrictions......ALWAYS read the CCRs of the neighborhood.

Sorry, I don't mean to be the fly in the ointment.....I have sold many homes in this neighborhood, and you don't know how many buyers have been bit in the behind by little facts like these....