How to cost share with neighbor for drainage issue?

[Texas Proud]

By changing his property so that more water flows onto your property your neighbor has damaged your property and is responsible, and Greg seems to acknowledge that. Those who suggest that he has no responsibility are just plain wrong.



Given that the extent of the "problem" prior to Greg's improvements is unknown, a 90/10 split seems reasonable.

Even the article that you quoted said that it is still up in the air as to liability...

I gave a real example of my dad's land... the flow of water was changed due to two feet of fill... but lawyers said it was not his problem... end of story....

Also as I said, a local lawyer could answer the question right away so there would be no question....

 

[pb4uski]

I just re-read the article and it does not seem that equivocal to me.

I was responding to your post that said that "I can do anything that is legal on my property and not have to fix any problems that it creates on yours" and that statement is clearly wrong. If you change your landscaping and unnecessarily divert more water onto my property, even if your landscaping changes are legal, you could be held liable and the article makes that clear in numerous instances.

I also re-read your post and your Dad or the city could have been liable since the changes they made caused problems for the adjacent property. Just because some lawyer claims so is not convincing. The only way to really know is if the neighbor sued your Dad and it went to trial and a judgement.

 

[bingybear]

I have not read all responses. However, I wanted to chime in about some zoning /covenants that are in place here that don't allow changing water flow. However in my case the city came in and did that to my detriment.
whatever your do... you don't want an easement on your property. It sounds like you have a good neighbor. Get it fixed with him... the next owner might not be easy to work with.

 

[Brat]

In all honesty I think the OP should consult a local re/land use lawyer not because he wants to initiate litigation but because he wants to do this correctly.


Suppose.. the combined storm water becomes an issue at his end of the pipe. Who will the city look to, the OP. Effectively the OP is giving the neighbor an easement, this needs to be done with consideration of the impact long term.

 

[Texas Proud]

I just re-read the article and it does not seem that equivocal to me.

I was responding to your post that said that "I can do anything that is legal on my property and not have to fix any problems that it creates on yours" and that statement is clearly wrong. If you change your landscaping and unnecessarily divert more water onto my property, even if your landscaping changes are legal, you could be held liable and the article makes that clear in numerous instances.

I also re-read your post and your Dad or the city could have been liable since the changes they made caused problems for the adjacent property. Just because some lawyer claims so is not convincing. The only way to really know is if the neighbor sued your Dad and it went to trial and a judgement.

Neighbor tried to sue... it was his lawyer that told him he had no case... my dad talked to his lawyer who tried to mediate something... (I think my dad allowed him to put some drainage pipe under our property to the street... only a few feet needed)... my dad would never pay for a lawyer since we were poor... but he was a RE agent and knew enough....

True, my original stmt was too encompassing.... and I will take it back...


I still think it is a local issue.... and only a local lawyer will know for sure...

 

[bingybear]

might want to check zoning and covenants on the property. My covenants specifically covered that one can not change grading... etc in such a way that causes change in water flow (something to that effect).

 

[Brat]

All of this is why the OP should seek the advise of a local RE attorney.

 

[Ronstar]

All of this is why the OP should seek the advise of a local RE attorney.

Exactly - Having dealt with 100's of similar issues over the last 40 years, the one thing I've learned is that the uninformed or those that accept bad advice usually pay for their mistakes in the long run