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I'd call the city planning department. Ultimately I'm not sure what recourse you may have. Not enough info in your post and without seeing the property it is tough to fully understand the situation. Just because water from an adjoining property runs on to your propert does not automatically mean somebody has down something wrong. For example I am the last house on my street and I am at the lowest elevation so water will naturally flow from all the land uphill from me and through my backyard in what has become somewhat of a grassed swale. It then flows to the curb and down the storm drain. My neighbors aren't doing anything wrong. Water will flow downhill and are backyards are all adjoining and there is nowhere for the to "pipe" there downspout to that would divert the water.
BTW! Sinkholes are not caused by surface water flow. If you have a sinkhole their is something else entirely going on in your yard.
My HOA would send him a letter ordering him to unclog the drain. What happens if he refuses I have no idea...but maybe your HOA could do the same?
The management company for our HOA does a good job enforcing the covenant, and when I've reported issues in the past the problems do get resolved. The spanking they get from the HOA doesn't seem to cause lasting changes though. They clean up their yard but within a year it's back to the way it was.
Snakes, rats, badgers infest the tall weeds. A stream that flows along the edge of our property, and it took me 6 years to get them to stop throwing yard waste and garbage into the stream... after they paid a $1000 fine they got the message. Every time a heavy rain came, the water would wash their yard waste and garbage into our yard where it would collect into a dam, causing the water to back up in the stream and flood over our yard.
Last edited by Christinebbd; 07-11-2013 at 08:46 PM..
The massive amount of water that comes into my front yard wouldn't be so bad if it were 'natural flow'. Natural flow, to me, is spread out gradually over a hillside. The gutters on his house empty onto his driveway, which is slopped to a drain and underground tubing placed there when the house was built. The drain is 25+ years old and has been clogged with soil the 10 years I've lived next to him. Since his drain doesn't work, the water flows into my front yard, which is lower than his yard.
OK, good info. A clogged french drain on your neighbor's property that the builder put there to reduce overflow onto your property. Question is, is it his liability now? Good luck with resolution. Seems as if they've caused you a lot of grief.
I have a similar setup for my neighbor's overflow but the tube is on my side of the property line. If it clogs I have to fix it.
I'm not sure about Durham, but in Raleigh we have to pay a tax specifically for storm water runoff control. So if there's a problem with the storm water drainage system then the city has to fix it. However, private drainage systems are the responsibility of the property owner.
Thank you for the info everyone! I'll contact the city zoning & code enforcement tomorrow. I've had a couple attorneys write privately as well.
I love where I live, the HOA is great now, and our house is my dream home. There are many positives about where I live, while it's embarrassing to live between these people, I love my yard, our location near a lake and stream and there are wonderful people living here.
The management company for our HOA does a good job enforcing the covenant, and when I've reported issues in the past the problems do get resolved. The spanking they get from the HOA doesn't seem to cause lasting changes though. They clean up their yard but within a year it's back to the way it was.
Snakes, rats, badgers infest the tall weeds. A stream that flows along the edge of our property, and it took me 6 years to get them to stop throwing yard waste and garbage into the stream... after they paid a $1000 fine they got the message. Every time a heavy rain came, the water would wash their yard waste and garbage into our yard where it would collect into a dam, causing the water to back up in the stream and flood over our yard.
You have been dealing with these people for 6 years or problems, now there is another problem that involves them. Do you think this makes this home a dream to live in? I would get a landscape architect in to see if they fix their gutters if that will fix your problem. I think it will help but not all of your problem. If the house/lot is low the water needs to be handled, no one else is on the hook for this.
This isn't an HOA problem - it's a dispute between two property owners regarding their lots. Nothing an HOA can or should do with such a situation, and it has no powers to address a private property dispute.
Quote:
Originally Posted by C_Lan
Wouldn't the runoff in question be natural flow? The neighbors aren't adding to what mother nature is providing.
I believe the OP referenced flow from downspouts and thus water collected from impervious surfaces. Water should flow onto adjoining property in the same manner and quantity as when the land was undeveloped.
Really stay with it. I have a friend in Durham that had a long fight between a neighbor and Durham. After Durham repaved a street around the corner, it directed water into an illegal driveway the neighbor made for extra parking (rental). The water flowed right through that yard into my friends. It flowed right under his house and would lay there till it dried up. I know it was a long aggravating situation but the City finally fixed it. Document everything!
I would rather pay to fix the problem than pay a lawyer. (although most lawyers will be happy to take your money) You don't have any "damages" to sue them for other than aggravation. Even if they "do" something, it might not be to your standards and you are still not going to be happy. I am also guessing that the amount of rain we have had in June & July is what has made this even worse.
Hello, I could use some help, I'm not sure where to start. Both of my next door neighbors drain their property onto my property. My property is lower than theirs. I have asked them both, on numerous occasions during the past 10 years, and both refuse to fix their drainage.
NOTE: I already understand the obvious 'you'll have angry neighbors', etc. etc. or "you should move". I am asking for advice on where to go in city government and/or an attorney.
Neighbor A removed drainage tubes from his gutters 10 years ago because he didn't want to mow around them. His gutters are 8 feet from my yard, which is downhill. 3 years ago I spent $1000 on that side of my property, built a berm and buried a drain next to the berm in case the berm fails, and I brought in 12 yards of topsoil to replace what had eroded away. The berm merely redirects the water to another area of my yard, which is now destroyed and needs major repair. A sink hole opened up 2 years ago on that side of my property.
Neighbor B is lazy, to put it bluntly. He only mows his front yard, the back has gone to weeds, his fence is falling down and has missing pickets. He tied one section of his fence to a tree to keep it from falling down. His gutters and the drainage buried in his yard are all clogged, which means the entire front roof of his home, his front yard and his entire driveway ALL drain into my front yard. I've complained many times to our HOA, sent pictures, and have documentation of EVERY complaint, etc. The HOA does force them to fix things but within a year they are back to their lazy ways.
Legal action is what I'm interested in now. I've tried every reasonable option but both neighbors are forcing my hand. Could someone recommend the department I need in Durham city government to get help? Or maybe recommend an attorney?
Based on the description, here, a classic saying comes to mind. " You can't fix stupid." You might have to decide if your " dream home" is really worth the aggravation of all this. True, anywhere you might go, you might run into the same thing, but, then again, you might find better.
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6 years
