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I live on the top of a hill that is slightly sloped. I have corresponding neighbors that are down hill from me. I noticed that one of the neighbors has been slowly building a berm towards the back of the the yard preventing water from my property to to drain off. I attempted to talk to him about this but his disposition is that he can do what he wants on his side of the property.
Can the town of Cary help me with this? Or is this a county issue?
I'd start from the bottom and go up as far as govermental help. If there's an HOA start there, then go to city, then county if the answers don't come. I suspect that the person building the berm could potentially cause inentended drainage issues. I'm not an attorney and am not a drainage expert, but the simple truth might just be, "it's his property, he can do what he wants".
I experienced this at my previous home, very frustrating! I wanted to maintain my good relationship with my neighbor, I suffered thru the mess they made without saying anything.
In your case, I think if they have built the berm on right of way property - even though it's their property, maybe you could do something about it. But this is a guess, I really don't know for sure. it would seem that if builders are made to follow requirements for proper drainage, then homeowners should be too(?). If you ever need an attny, a real shark, Clyde Holt in Raleigh knows this stuff inside out, upside down. It might be worth a couple hundred $$ taking your deed, etc, and having him do a 1/2 hr consult for you.
Like mentioned above, what exactly is your neighbors berm doing? If he is honestly trying to divert water away from something like his foundation then he has a legit reason for it.
If he's just backing up water flow causing it to pool and turn into a lake on your land then that's a problem.
One solution might be working with your neighbor to implement better drainage with something like a french drain.
Good suggestion to start with HOA, then if no response call Town of Cary. Perhaps you have something similar in your ARB guidelines?
Our HOA Architectural Review Guideline states:
Major additions often have an impact on neighboring property. Plans must be well thought out to minimize any adverse impact on neighboring properties or impair the view of neighbors.
Changes in grade or drainage must not adversely affect adjacent properties. Applicants should consult with neighbors while making plans (See application).
Its essentially preventing water from my property from running off and making it soggy and muddy.
Was the water simply running off your property into his making his own backyard soggy and muddy, or was it running off into a grassed swale (ditch) that ran along both your properties?
Its essentially preventing water from my property from running off and making it soggy and muddy.
that is a violation. He can divert water as it flows onto his property, but not prevent it from flowing. If he is reasonable, you should be able to work it out. If not, the Town of Cary will. His position of "he can do what he wants on his side of the property" is inaccurate.
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