neighbor dammed my yard

[loves2read]

This is what happens when there is no central oversight for development.
I know people complain all the time about government and government oversight taking away personal freedoms and adding to tax loads, etc...but government oversight can be helpful

IF these lots were in a town the developer would have had to submit plans for grading and draining of rain/runoff waters prior to any lot development and any builders would have had to do the same prior to any home building...there might have been problems but you likely wouldn't see something as overtly damaging as this or someone who deliberately is avoiding taking responsibility.

Some counties/states have very lax rules/oversight for raw land outside city limits...
And when you buy raw land to build on you have to be twice or 3 times as diligent to assess potential,problems...

[jmshelby]

We have gone to the county. The county is taking over the issue and will be enforcing the rocks be removed. There are regulations set in place to protect land owners outside city limits but some people feel they are above the law, they don't think you'll take action so they just leave it, or they honestly don't know any better and made a mistake they are willing to correct. Once our land dries enough for a tractor to get on it (it hasn't rained in a week and it's still a swamp), we want to fix the issue for both properties but our neighbor is unwilling to cooperate that long. Bummed it has to be this way before we even move in but hopefully we can all move past it in the end.

Thank you all for your different perspectives!

[ETex2]

Originally Posted by Beaching

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.

This ^^^

[SouthernBelleInUtah]

So glad you found a solution. Thx for the update.

[GRNDHOG]

What kinda rocks? If they want help disposing them, I may be willing to come pick some up...depending on location too :-)

[jmshelby]

For anyone else in a similar situation, Google "Texas water code 11.086":

(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.

(c) The prohibition of Subsection (a) of this section does not in any way affect the construction and maintenance of levees and other improvements to control floods, overflows, and freshets in rivers, creeks, and streams or the construction of canals for conveying water for irrigation or other purposes authorized by this code.  However, this subsection does not authorize any person to construct a canal, lateral canal, or ditch that obstructs a river, creek, bayou, gully, slough, ditch, or other well-defined natural drainage.

(d) Where gullies or sloughs have cut away or intersected the banks of a river or creek to allow floodwaters from the river or creek to overflow the land nearby, the owner of the flooded land may fill the mouth of the gullies or sloughs up to the height of the adjoining banks of the river or creek without liability to other property owners.

[TeamLynn]

Can you dig a ditch to channel the water back to them or someplace else or change your topography?

[cam1957]

I'm not in TX, but I've had this problem for the past several years. It is illegal here to alter your property to drain into your neighbors. My neighbor decided to re-grade his yard 25 years ago when the drainage system on my property broke and the former owner didn't fix it. I had mush in my yard for years and couldn't figure out why. He had a 4" diversion pipe coming 6" into my yard and it was partially above driveway level. He had all water blocked flowing onto his property.

I didn't hire a lawyer because I couldn't afford one and I lost when I took him to the Magistrate. I talked to the local building inspector and he said I had the right to block the illegal diversions. The past two summers have been spent building a barrier between the yards. In the spring, I'm going to have a barrier built between the "party driveway". This summer I will continue taking the barrier over my hillside as he informed me that he'll just pipe it onto my hillside. I somewhat thwarted his son's project of this new pipe, but I know it's there, the job didn't get completed because I caught them.

I have hundreds of pictures and document everything. The man lied to the code inspector several times and his son lied his arse off at the hearing. I'm being bullied by a 75 y/o and a 45 y/o. If they decide to take me to court, I will hire an attorney this time and have the necessary testing done on my property.

These people are just too cheap, so they scammed the previous owners and I get to reap the evil seeds he sowed 25 years ago. If they're not nice when you move in, trust me, it won't get better. I feel for ya!

[cam1957]

Originally Posted by TeamLynn

Can you dig a ditch to channel the water back to them or someplace else or change your topography?

I had $400.00 of topsoil to level out my yard 3 years ago and all that's left is the clay. Because of that, the water flowed into my lower neighbors' yard and I ended up fixing the part of his yard that was getting damaged. I know I'll have to add more topsoil this year to his yard to correct the damage done. That's how neighbors should be...