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  #1  
Old 08-06-2012, 08:33 AM
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Question for you legal minds out there.

Well. Time and circumstance changed my resolve not to post anything here til after elections and the results thereof. but I have an issue I need advice on.

Neighbor1. Built a 3400 Sqft house on top of a hill (long sordid tale behind this, Will not delve into it) our house is built also on said hill but lower and into it and about 1600Sqft. We've had.....Issues.... With water. I've had to mitigate most of it myself (to the tune of several sump pumps buried out the back of the house. but one issue remains. Our neighbors rain run off, runs TO our house. Flows AROUND our house and to the 25'long 6' wide 9' Deep retention area said neighbor had to put in (on our property. Again. long sordid tale about this, wont go into it) Isnt there a code or statue generally that says one persons propertys drainage CANNOT do this? I have both pictures and video of where the water starts, where it comes through and where it drains through our property (almost lost a show in the progress) I'm at wits end. I'm Sofaking sick of waking up. Putting my feet down off my bed and having them be wet. this is not the first time it's happend and will not I fear be the last. I've told Neighbor1. about this problem. towhich he said and I quote " You do not mow your grass enough in your back yard to soak up the rain " well this year. I've mowed said grass more since I can now ride and do it and if anything, it's made the issue worse. he's planted some god awful tree to try and mitigate the water. but it just channels it all to gaps where they were never planted or just died off because of TOO much water. I'm sorry for this rant. but I am Sofaking mad about all my crap being Soaked. AGAIN.

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Old 08-06-2012, 08:40 AM
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a pic would help.but as far as i know his drainage is his issue.check with local code
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Old 08-06-2012, 08:43 AM
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I'll post pictures after I consult with an attorney. see if there is any Ramifications of doing such a thing.
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Old 08-06-2012, 08:56 AM
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I wouldn't do pictures - just in case - but a scanned in sketch can't cause a privcay problem
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  #5  
Old 08-06-2012, 09:14 AM
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What did the rain do before the house was built up the hill? How did the house change the run off patterns?
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Old 08-06-2012, 09:18 AM
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before, We had no issues. rain naturally went towards the other road (we're between 2 roads, literally the fork in the road) and drained down to a culvert that went to the lake across the road. Since the house, We've had water stack up on the house, Flooding it, I've mitigated that for the most part by sinking a few pumps in 5G buckets along the back of the house with a PVC mainline that whips the water around the house instead of sitting there and causing more damage. 28 times before I put the pumps in, 16 times last year and now will be 9 times this year, I've had to replace the soil under the foundation as it errodes away. Nver had an issue before. Ever. I'll post an overlay map. trace the flow.
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Old 08-06-2012, 09:43 AM
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Flows AROUND our house and to the 25'long 6' wide 9' Deep retention area said neighbor had to put in (on our property. Again. long sordid tale about this, wont go into it)

Explain this. How was he able to put a retention area on your property? Did you allow this or grant an easement? Was is determined to be a constructive easement?

As a general principle, one land owner cannot develop property and cause runoff to another property, by structural development or purposefully altering the elevations to cause storm water runoff to adjacent property. Contact your local construction and/or zoning offices, if you haven't already discussed the situation with them in the past. ( I suspect you already have.) At least they can tell you who (State, County, local and possibly Federal govt. ) has jurisdiction in these matters.
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Old 08-06-2012, 09:49 AM
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Originally Posted by dynalow View Post
Flows AROUND our house and to the 25'long 6' wide 9' Deep retention area said neighbor had to put in (on our property. Again. long sordid tale about this, wont go into it)

Explain this. How was he able to put a retention area on your property? Did you allow this or grant an easement? Was is determined to be a constructive easement?

As a general principle, one land owner cannot develop property and cause runoff to another property, by structural development or purposefully altering the elevations to cause storm water runoff to adjacent property. Contact your local construction and/or zoning offices, if you haven't already discussed the situation with them in the past. ( I suspect you already have.) At least they can tell you who (State, County, local and possibly Federal govt. ) has jurisdiction in these matters.
This is the long sordid story I dont care to delve into....but it was forced on us. and top things off. We're forced to care for the damned thing.
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Old 08-06-2012, 10:08 AM
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Alright. Go look at the final approved construction plan - signed by your municipal engineer or construction official. Review the existing site for conformity with the approved plan. You may need to hire your own engineer to look it over. If the "as built" (as it exists) differs from "as approved", you've got a leg to stand on. If the "as built" conforms to the approved plans or agreed to changes made subsequently, consult a land use attorney in your area. (A good one. )
My hunch is you're gonna have to sue for remedy, especially if you are the only homeowner affected. Whose roads are they Municipal, County or State?
It also appears there's a signficant post-construction history here. Were you represented by an attorney or have your own engineering professional advise you?
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Old 08-06-2012, 10:19 AM
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Ask here, this is where the building code inspectors hang out. May take a couple days for them to approve your account, be patient.

Building Code Message Board / Building, Plumbing, Energy, Mechanical, Fire, Accessibility and Electrical Code Forum Information
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Old 08-06-2012, 07:50 PM
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Quote:
Originally Posted by dynalow View Post
Alright. Go look at the final approved construction plan - signed by your municipal engineer or construction official. Review the existing site for conformity with the approved plan. You may need to hire your own engineer to look it over. If the "as built" (as it exists) differs from "as approved", you've got a leg to stand on. If the "as built" conforms to the approved plans or agreed to changes made subsequently, consult a land use attorney in your area. (A good one. )
My hunch is you're gonna have to sue for remedy, especially if you are the only homeowner affected. Whose roads are they Municipal, County or State?
It also appears there's a signficant post-construction history here. Were you represented by an attorney or have your own engineering professional advise you?
Dont-have-access-to-their-engineering-stuff,--It's-not-public-record-and-the-county-wont-release-it-without-a-court-order-or-owners-consent.--I'm-not-going-to-tip-my-hand-to-them-yet....I-cannot-afford-to-hire-or-retain-an-engineering-firm...just-not-in-the-cards....other-then-sue....and-I-cant-do-that-now-either.....bah.....(sorry-for-the'-'s--my-current-backup-computer-has-a-broken-keyboard)
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Old 02-23-2013, 07:03 PM
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Well. It's happened again.. and again. 2nd time in 2 days. I'm done. I've had it.... enough is bloody enough
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Old 02-23-2013, 07:30 PM
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Any engineers on the forum live close to you?
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  #14  
Old 02-23-2013, 07:31 PM
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I think you need to talk to an attorney. If you have a good case (I think you do), they may take the case on contingency which means if you don't win any money you don't owe them anything. You should be able to recover their fees as well.

As stated previously, my understanding is if their construction caused a drainage issue for you they are responsible to remedy it or pay you to do so.
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Old 02-23-2013, 07:45 PM
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I've already emailed our attorney we have working on another issue. this may or may not help our other issue.... I'm tired of living in the fork in the river...

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