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Old 02-16-2014, 10:55 AM
 
4 posts, read 7,244 times
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Any help/advice would be appreciated. Home in Raleigh NC.

The elevation of our house is lower than a house on a street above ours. Water originates at a house on the street above us, but is behind our neighbors house. This problem became a major issue after the property owners built a new house. There was a water issue prior to the house being built but it has significantly gotten worse since this new house was built.

Water comes from the street above ours onto my neighbors property whose elevation is slightly higher than my elevation. The water then moves down the street to my property where I am handling the overwhelming amount with expensive drains that I recently had constructed. My construction cannot handle the bulk of water. I fear that the water is compromising my foundation.

I have a neighbor who is lower in elevation that I am. Can I legally divert some of this water with a berm to move down the street to lower elevations?

We have a HOA and the water crosses the common area owned by the HOA before it gets to any of our houses. Does the HOA have an obligation here? Is the property owner "uphill" responsible?

Is there someone at Wake County government who can advise me on this?

Thanks so much.
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Old 02-16-2014, 12:38 PM
 
Location: Raleigh NC
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if you have an HOA, and this water flow crosses HOA land, then that is where you should start.
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Old 02-16-2014, 01:23 PM
 
Location: Raleigh, NC
354 posts, read 585,010 times
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We have water issues in our neighborhood. Contact the neighbor, contact the HOA, and get everyone to work together to figure it out.
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Old 02-16-2014, 09:52 PM
 
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All of you should go to your HOA. The more hard surface created, the more roots (grass, trees, flora and fauna) dug up, the more water will flow to anywhere it can sink into...in this case your yard. So this will only get worse if there is more construction to be done, roads to be added and/or widened, shopping center, parking lot, etc. asphalted. There are people who can devise a plan. It's a matter of what agency/engineer to use.
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Old 02-18-2014, 12:32 PM
 
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Thank you very much. That's what I thought. They are denying help and we have asked several times. Our next step is legal action since we are still experiencing damage.
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Old 02-18-2014, 12:35 PM
 
4 posts, read 7,244 times
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Default Any referral on an engineer or firm?

Quote:
Originally Posted by cully View Post
All of you should go to your HOA. The more hard surface created, the more roots (grass, trees, flora and fauna) dug up, the more water will flow to anywhere it can sink into...in this case your yard. So this will only get worse if there is more construction to be done, roads to be added and/or widened, shopping center, parking lot, etc. asphalted. There are people who can devise a plan. It's a matter of what agency/engineer to use.
Do you have anyone you can refer? We had one engineer from out of the area look at the situation and he agrees that the HOA needs to step in and he offered some ideas. We need someone local.

Thanks so much!
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Old 02-18-2014, 12:36 PM
 
4 posts, read 7,244 times
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Default thanks

Quote:
Originally Posted by BoBromhal View Post
if you have an HOA, and this water flow crosses HOA land, then that is where you should start.
Thank you. That's what we thought although they are denying that it is their problem and have refused to help twice now. Next step is legal action.
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Old 02-18-2014, 01:18 PM
 
Location: Apex NC, the Peak of Good Loving.
1,450 posts, read 1,613,929 times
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Quote:
Originally Posted by iphoneuser View Post
Do you have anyone you can refer?
Don d'Ambrosi
d'Ambrosi Land Consulting Services
275 Ferrell Road West
Apex NC 27523
(919) 819-8272

.
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Old 02-19-2014, 09:43 AM
 
603 posts, read 573,128 times
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What about landscaping solution that could possibly use the "accumulated water"? Perhaps, like a fountain. I know sounds crazy but I am in a similar position as you OP (may not be that bad). I have a fairly large elevation for which water is diverted into a sink hole of sorts, that water doesn't go away anywhere though. It probably amounts to a good 50 gallons.
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Old 02-22-2014, 10:07 AM
 
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It is against the law to "divert" water from its natural flow if it will affect or damage another persons property. The construction company got its money and have now cleared out I would bet.
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