Does putting in a backyard alter the grading / slope of the lot? Neighbor claims we are flooding his yard.

[pb4uski]

New homeowner, living in a new construction. It came with dirt in the backyard. We installed a nice landscaping - pavers and some dirt at the back & near the fence lines for some plants. New neighbors moved in right next door just recently. Now, they tell us that we are "flooding" their yard.

I called the builder who promptly claimed that "putting in a backyard MAY alter the grading / slope of the lot", so they are not going to even bother to check in on it. We've had rains recently so I turned off the irrigation (Hunter X Core). But even with system turned off, it seems to have watered the plants.

Neighbor has dirt in the yard so far. Plans to install concrete in it. I am worried about liability for his yard being "flooded" with water from my lot. How do I diagnose and - most importantly - fix this? Any advice? Don't want a lawsuit on my hands and want to retain a decent relationship with neighbors (obviously).

From what you described, I doubt that the landscaping changed the drainage significantly. During the next significant rainstorm, walk the area to see if the alleged flooding is real or not and proceed accordingly. I wouldn't incur the cost of installing a French drain until I was convinced that there was really a problem.

 

[RetiredHappy]

Ha, ha! What has me scratching my head is this is supposedly in high-regulation California yet the builder was allowed to sell the homes with bare-dirt backyards? I could see it in the desert, though.

It's like that everywhere in California and Nevada. Finishing backyard is very expensive and no tract home developer does that.

 

[zinger1457]

It's like that everywhere in California and Nevada. Finishing backyard is very expensive and no tract home developer does that.

They don't finish yards here in AZ either but the builder needs to finish grade the property (slope and compaction) to deal with drainage issues. I had to get the builder at my home in AZ to come back and fix some grading issues when they finished my house. Final landscaping normally doesn't change the drainage, assuming the grading was done correctly to begin with, unless they make some big changes.

 

[sparky08]

Who is doing your backyard landscaping?

This seems like an issue that every landscaper has to deal with.

 

[Surewhitey]

Lots of new builds in a 1950s neighborhood and going from pier/beam to new, slab builds have required a lot of dirt to build up to put in slabs.

A neighbor who is very informed about the laws took a lien to the house, pre-sale, until they resolved the issue of drainage, eventually getting a 6" concrete "wall" poured to direct the runoff to the sidewalk / street. She was in the right, imo. Didn't make it personal and all was good in the end. Many do not go this far, but you definitely don't want a neighbor grudge.

 

[sheehs1]

From what you described, I doubt that the landscaping changed the drainage significantly. During the next significant rainstorm, walk the area to see if the alleged flooding is real or not and proceed accordingly. I wouldn't incur the cost of installing a French drain until I was convinced that there was really a problem.

In addition to what pb4uski said, take videos and pictures of water flows to document during both light and heavy downpour rains. Preferably for both your yard and your neighbors yard.
I had to "study" the water flows in my yard as both neighbors on either side graded their yards higher than mine. Not fun. I was young, in my mid-30s and wasn't watching! I put in French drain on one side and added a drop inlet later, leading to city front ditch and dug out a "shallow trench" on other side leading to front city drain to "catch" and "route" the water shedding onto my yard.

 

[Car-Guy]

I was having drainage problems at my country home. Water was ponding on my driveway near my barn/shop and it was taking a day or so to drain after a good rain... So, in my case I dug a 100+ yard trench and buried a 4" PVC pipe to carry it to one of my ponds (you probably could do the same thing out to your street). Looks like this, (not mine but very similar) Cheap, easy and it works. YMMV

 

[msanniee]

New homeowner, living in a new construction. It came with dirt in the backyard. We installed a nice landscaping - pavers and some dirt at the back & near the fence lines for some plants. New neighbors moved in right next door just recently. Now, they tell us that we are "flooding" their yard.

I called the builder who promptly claimed that "putting in a backyard MAY alter the grading / slope of the lot", so they are not going to even bother to check in on it. We've had rains recently so I turned off the irrigation (Hunter X Core). But even with system turned off, it seems to have watered the plants.

Neighbor has dirt in the yard so far. Plans to install concrete in it. I am worried about liability for his yard being "flooded" with water from my lot. How do I diagnose and - most importantly - fix this? Any advice? Don't want a lawsuit on my hands and want to retain a decent relationship with neighbors (obviously).

Had the same issue, but it was my yard that was being affected by overflow from neighbors. I had a french drain put it. Although I could not reach the street due to sidewalks, the drain runs down one side of my yard and close to the sidewalk, there is a pop up head on the end of the drain. The water flows out into the street. As there is seldom freeze issue where I live, it works perfectly. The cost was $1,500 for about drain about 25 feet long. Not having to deal with hostile neighbors made it worth the cost to me.

 

[Oakster]

What really matters is how the historic flow has gone. If someone buys a lot that is the low point, or had a drainage through it because that is where the water runs, that is nobodys fault but their own. Now, if the low spot used to be your lot and you changed the grading to push the water flow onto your neighbor, that would not be legal in most places. Water needs to flow where water has always flown. When you change it, you damage people by the lack of water where it used to go, and damage people by addind water where it didnt use to go. If your lot naturally drains to your neighbors lot, that is pretty much how it goes. Its hard to change large amounts of vertical grade on a single lot.

 

[Oakster]

If your neighbor is going to place concrete in most of the back yard, you dont need a french drain, he just needs to shape his concrete to flow the water to the street.

 

[Oakster]

The biggest thing I want to leave you with here is to understand that water may flow across your lot, or land on your lot and run on to his property. That doesnt make you responsible. The only thing you are really responsible for is if you CHANGED the historic flow location of the water. Meaning the water used to drain through your property but you filled up, and now the water is pushed on to his property. If you did not change the drainage flow for the area, you are not responsible. Water has to flow somewhere, and it flows downhill, all the time. If his lot is lower than yours, he should expect water to come that way.... that is just nature.

 

[KarenF]

Getting the county code enforcement out to take a look is a good idea. I did that and they gave me good advice.

 

[indiajust]

Living in NC, I always dug or drilled dry wells by hand. Soak up all the mild rain and get it into the water table. Later I connected the dry wells with perf pipe for overflow during hurricanes to get it into ditches fore/aft of the property. Last thing i added was gutter collection and routing into the same network, with a feeder to the garden.

One or two thirsty trees will eventually take care of water problems and replace them with root problems.

 

[COcheesehead]

We have HOA drainage requirements. We live on very sandy, rocky and rolling terrain and water can be an issue in a hurry. When it rains, it’s not a trickle, it’s usually gully washers. The HOA takes it seriously at the time of construction reviewing plans and drainage details. Any landscaping updates have to go back before the design review committee. Some may think that is a hassle, but it really eliminates problems down the road. Good drainage, makes good neighbors