Neighbor Flooding Yard

This is a discussion on Neighbor Flooding Yard within the Neighbor Law forum, part of the Other Real Estate Law Matters category; I have been in my house for 4 years and never had any water or land issues. Two years ago ...

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Old Aug 25th, 2009, 12:11 PM   #1
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Angry Neighbor Flooding Yard

I have been in my house for 4 years and never had any water or land issues. Two years ago my next door neighbor moved in and started "waterproofing" his house and yard. He had directed all of his gutters (that direct water away from the 2500 square feet of house) into a pipe that lets out right by my driveway. I started to have minor flooding and sitting water in my back yard, but my main issue was when it rained, the pipe would gush water into my driveway and create a dangerous situation when trying to get out of the car. I would be in water up to my ankles. I asked him to move it after he complained about me creating a small retaining wall to stop the water from coming into my driveway. After months of saying that it was done correctly and to code, he had the workers move the drain. I was very happy until the next time it rained. With the first rain, I realized where he had moved the drains to...the fence line! I had gushing water under coming under my fence like an open hydrant that in turn flooded my yard, leaving sitting water for days, along with repeatedly flooding my crawlspace/laundry room. I have had to pump out more than 40 gallons of water at least 5 times and the smell of mildew has still not left. I have tried to dam up the 3 pipes that flood my yard, but he repeatedly knocks them down claiming that he owns 4 inches of property on my side of the fence so my dam is trespassing. We have since placed drains where the water comes out and directed them to the city drain at the back of the yard, but the water is coming at such a fast pace that the drains are hardly helping. Now my yard is molding and infested with mosquitoes and the crawlspace floods anytime it rains. He has refused all civil attempts to discuss along with requests to move the drains to the back of his yard so that they drain directly into the city drain as everyone's are. What can we do? Can we sue him to move it away from my yard? I am located within the city in Charlotte NC, no homeowners association.
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Old Aug 25th, 2009, 09:23 PM   #2

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Default Re: Neighbor Flooding Yard

Sorry about this frustration you have had to endure here. Without a homeowners' association, you really need to speak with an attorney in your area to serve a cease and desist letter followed by filing litigation if needed. Go to the WLD main page and contact them. They have lawyers all over the area, so I would make this your next step given all that has taken place here. Hope things look better very soon. AJJ
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Old Aug 28th, 2009, 12:08 AM   #3

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Default Re: Neighbor Flooding Yard

He cannot obstruct flow to the storm drain.

Speak with an attorney who specializes in Real Estate Law. You may very well have a suit.

Also, contact your city hall and explain the situation to them. They may also get involved.
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