Posted by James (Ala) on February 07, 2008 at 12:00:59:
I wouldn’t bother with the police–if it is a trespass, it is of a civil nature not criminal. Contact an attorney that does real estate litigation and get an opinion on your situation.
James (Ala)
Help Neighbor flooding my yard - Posted by Tennessee Bob
Posted by Tennessee Bob on January 30, 2008 at 05:57:05:
I recently bought a nice home at auction in a poor area. Home is in great shape, and has new every thing. I have total of $23k invested. Tax appraised for $48 K and last sold in private sale in 2005 for 57K. Great deal except for one thing. The next door neighborâ??s property sits higher then mine. The actual owner lives out of state and has people staying on the home at no cost to â??look after the placeâ??. The problem is the people living in the home have allowed broken water pipes to just pour out into the crawl space of the home completely filling it up with water and flowing over into my back yard. I have dug a small trench to divert as much water as I can away from my property, but the ground is so saturated that water is bubbling up and continues to flood my property. I have contacted the owner and he doesnâ??t seem to care about what is happening. I have also contacted the local police department to document the situation and the Mayors office to try to find a solution to the problem. All I am getting from the Mayors office is that they â??feel for my situation, but they canâ??t do anything as long as the water bill is being paid.â?? My home is currently listed with a realtor, but I seriously doubt anyone would be interested in a home with a back yard full of water. Any suggestions as to next course of action would be appreciated.
Re: Help Neighbor flooding my yard - Posted by Tennessee Bob
Posted by Tennessee Bob on February 07, 2008 at 12:22:54:
Thanks to all, for the input.
After pressuring the city mayor, he contacted people at the state level for legal advice. What he found out was all good. The water department can shut off the water if it is causing an adverse effect on a neighboring property. The water meter is now shut off and locked. The water will not be turned back on until proof of repairs have been provided. Again, thanks to all.
Answers - Posted by Jimmy
Posted by Jimmy on January 31, 2008 at 06:35:14:
I had a similar situation a few years back in Nacogdoches, TX. neighbor’s house sat higher than one of my rentals. their wastewater line from the washing machine was not hooked up to the sewer line, and was allowed to flow down the hill. the end of that pipe actually extended onto my property.
so I got a pipe cap and some “blue glue” and capped off the pipe. the next time he ran his washer, it backed up into his washroom. hehehe. [I wouldn’t recommend this, by the way.]
he quickly figured it out and cut the cap.
then I called the city health department, and they put an end to it within 2 hours. they cut his water and would not allow it back on until he showed proof that he had connected his line to the sewer line.
if this is a freshwater problem, the health department may not have much to say about it. talk to the building permit people. this could be a code violation.
it certainly is an ongoing nuisance and perhaps an ongoing form of trespass, and you can seek recourse from the owner.
Re: Help Neighbor flooding my yard - Posted by Rich-CA
Posted by Rich-CA on January 30, 2008 at 23:03:00:
I would not build a trench, I would build a slope. I would even consider a 24" high concrete “retaining” wall, that actually serves to divert the water back on to the neighbor’s property. You can then stack gravel at a slope against the “wall” to create a runoff aimed back in the direction of the neighboring land.
Re: Answers - Posted by Tennessee Bob
Posted by Tennessee Bob on January 31, 2008 at 07:49:33:
It is a freshwater problem. I will contact the local code inforcment officer and the police department to see if it can be approched as a form of trespass or creating a nuisance. Thanks for the suggestions.