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Old 05-30-2016, 11:26 AM
 
287 posts, read 514,005 times
Reputation: 189

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I disagree with those who suggest that you hire an attorney. In fact, a landowner has no right of drainage for his surface water (i.e. - rainwater). Property owners at the lower elevation (your neighbor) have the right to either accept your surface water or to reject it.

Surface water is usually not the same as a natural watercourse, such as a natural stream. If you were in a higher elevation and had a naturally-created stream flowing from your property down to your neighbor's property, your neighbor would have no right to dam the flow and thereby cause your property to flood.

It's a shame your neighbor is being so unneighborly. You should try to talk to the neighbor again and see if you can pay to have those rocks moved for them. Alternatively, build a drain to move the water to the street or somewhere as mm4 suggested. Regrading your entire property is probably cost-prohibitive. Hiring an attorney will get you nowhere -- just create even more bad feelings between you. Good luck.
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Old 05-30-2016, 11:36 AM
mm4
 
5,711 posts, read 3,951,517 times
Reputation: 1941
Quote:
Originally Posted by europeanone View Post
I disagree with those who suggest that you hire an attorney. In fact, a landowner has no right of drainage for his surface water (i.e. - rainwater). Property owners at the lower elevation (your neighbor) have the right to either accept your surface water or to reject it.

Surface water is usually not the same as a natural watercourse, such as a natural stream. If you were in a higher elevation and had a naturally-created stream flowing from your property down to your neighbor's property, your neighbor would have no right to dam the flow and thereby cause your property to flood.

It's a shame your neighbor is being so unneighborly. You should try to talk to the neighbor again and see if you can pay to have those rocks moved for them. Alternatively, build a drain to move the water to the street or somewhere as mm4 suggested. Regrading your entire property is probably cost-prohibitive. Hiring an attorney will get you nowhere -- just create even more bad feelings between you. Good luck.
The only problem I have with offering to pay to have the rocks removed is that it sets up a precedent for more expectations in potentially subsequent conflict resolution.

By contrast, the landowner has control over his own property. (And could even be cheaper than an attorney.)
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Old 05-30-2016, 12:05 PM
 
Location: Here and There
497 posts, read 691,548 times
Reputation: 1056
Quote:
Originally Posted by europeanone View Post
I disagree with those who suggest that you hire an attorney. In fact, a landowner has no right of drainage for his surface water (i.e. - rainwater). Property owners at the lower elevation (your neighbor) have the right to either accept your surface water or to reject it.
Are you sure about that? I'm not an attorney, but my father used to fight these issues with investment properties he owned. I was always under the impression that landowners could not impede the natural flow of water - even if it was surface water.

OP - a quick Google search pulled up the following. Not the most reputable source online, but it may help guide you in the right direction. I wouldn't hire an attorney just yet. I would take pictures/video of your flooded property, take pictures of the neighbors dam, and then work with your local government agency that handles storm water management.

https://www.hop-law.com/has-a-neighb...w-your-rights/
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Old 05-30-2016, 12:50 PM
 
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Yes, the natural runoff is into their yard. The trench would need to be created on their property in order to drain my land with the rocks staying in place. She doesn't want to do that either. :-\
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Old 05-30-2016, 01:06 PM
mm4
 
5,711 posts, read 3,951,517 times
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Originally Posted by jmshelby View Post
Yes, the natural runoff is into their yard. The trench would need to be created on their property in order to drain my land with the rocks staying in place. She doesn't want to do that either. :-\
A front yard contiguous to a back yard. A potential drain that can't get near a ditch (presumably adjacent to a street that is at least 10' beyond the berm) without crossing through their yard.

Is there any other ditch?

How deep is the standing water at its deepest when it seeps to your garage?

The pile is only 25 feet long? And it's comprised of rocks?

Last edited by mm4; 05-30-2016 at 02:19 PM..
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Old 05-30-2016, 08:14 PM
 
287 posts, read 514,005 times
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I was not aware of this section of the Texas Water Code. This changes my opinion. The OP must not prove not only that the flow of surface water has been altered but also that the change has caused damage to his property. Maybe OP can claim that he has to pay more to have the lawn mowed and that there is garage damage now.

This is a terrible situation for neighbors to be involved in. Just awful.
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Old 05-30-2016, 08:22 PM
 
82 posts, read 115,155 times
Reputation: 177
Personally, I would rent a bulldozer for an hour or two when they are gone and take care of it if talking has not gotten anywhere.
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Old 05-30-2016, 09:59 PM
 
7 posts, read 12,059 times
Reputation: 25
Thank you all so much for the advice. I appreciate everyone's perspective. Still going to try to talk it out one more time but I'm keeping the lawyer card in my back pocket as a last resort. There are so many options that can benefit both yards, I hope we can come to an agreement. We want to improve our land but are unable to do so until our yard can properly drain and dry to be mowed. Our improvements will even benefit them if we can convince them to cooperate. I hope for a peaceful resolution. We plan on this being our "forever home" and don't want "forever tension" along with it.
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Old 05-31-2016, 10:59 AM
 
500 posts, read 577,548 times
Reputation: 772
Here ya go:
Texas water law
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Old 05-31-2016, 11:02 AM
 
500 posts, read 577,548 times
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So, after reading the link I posted concerning laws in Texas with runoff water for areas that are rural, no city jurisdiction nor HOA to dictate......... Just build a bigger wall or pile of rocks right on your property line. Maybe put in a retaining wall.
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