Domain: tiger-web1.srvr.media3.us Drainage issue - pissed off neighbors | Page 2 | O-T Lounge
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re: Drainage issue - pissed off neighbors

Posted on 5/26/20 at 11:38 pm to
Posted by Sun God
Member since Jul 2009
51048 posts
Posted on 5/26/20 at 11:38 pm to
That’s what I figured. I’d make them lawyer up
Posted by Jake88
Member since Apr 2005
79005 posts
Posted on 5/26/20 at 11:38 pm to
quote:

pissed off neighbors

quote:

these are the poorer neighbors behind us. I will put up a privacy fence and never see him every again once I move in. Not even same neighborhood
Sounds like the same neighborhood.
This post was edited on 5/26/20 at 11:39 pm
Posted by lsu777
Lake Charles
Member since Jan 2004
37237 posts
Posted on 5/26/20 at 11:42 pm to
quote:

Eh, who cares about watershed in Louisiana?

Water leaves your property and then magically disappears.

Every property for themselves, says the OT.


Not really. For years this sat as vacant land. When their neighborhood was developed some if the houses like his did not build up at all and simply used the fact that it was woodlands to drain onto it.

Not that is no longer woodlands and is a neighborhood. The neighborhood that the city and state approved the covenants on, same city that requires an elevation certificate before and after the slab is poured to ensure I am at the grade listed in the covenants.

City approved the storm water run off plan and I met those requirements.

Why is it ok for him to drain onto my property?

Posted by Mud_Till_May
Member since Aug 2014
9685 posts
Posted on 5/26/20 at 11:42 pm to
Ask him what “we” should do about the problem and ask him to pay half. If he doesn’t then you don’t pay shite.

Edit: did the same to my neighbors about a tree in their property. Only difference is when they were talking to me, they thought I was our other neighbor that just trimmed his trees. Started talking shite about mine so I asked if it was a good idea to go half. They said no so I wrote them a letter I wasn’t financially able to help out. frick them if they don’t pay, you don’t play.
This post was edited on 5/26/20 at 11:45 pm
Posted by red sox fan 13
Valley Park
Member since Aug 2018
19018 posts
Posted on 5/26/20 at 11:43 pm to
Commit arson on your neighbor’s home. Then he won’t bother you anymore.
Posted by BigDropper
Member since Jul 2009
8502 posts
Posted on 5/26/20 at 11:46 pm to
Buy him a trenching shovel & "Idiot's Guide to Digging a Swale"...
Posted by The Pirate King
Pangu
Member since May 2014
67055 posts
Posted on 5/26/20 at 11:46 pm to
quote:

Why is it ok for him to drain onto my property?


Where is the water from your land draining?
Posted by Havoc
Member since Nov 2015
38452 posts
Posted on 5/26/20 at 11:46 pm to
You’re fricked, subservient drainage estate motherfricker.
Posted by USMEagles
Member since Jan 2018
11811 posts
Posted on 5/26/20 at 11:50 pm to
Hopefully his neighbor has already talked to a lawyer.

This shite pisses me off. Yeah, water flows downhill. No, you can't build a dirt mountain so everyone except you floods. Geez.
Posted by AgCoug
Houston
Member since Jan 2014
6586 posts
Posted on 5/26/20 at 11:50 pm to
I’d be pissed knowing I’d have to deal with those neighbors for the foreseeable future but I can’t see how it’s your fault. I have no knowledge of property rights as far as this goes, however.

Take ‘em a fruit cake after they fix their drainage
Posted by lsu777
Lake Charles
Member since Jan 2004
37237 posts
Posted on 5/26/20 at 11:51 pm to
I told him I would grade and dress it at the end, but he wanted me to get my dirt guy back out there today, told him know. Told me I needed to put in catch basin and drainage so his land had some place to drain. I told him Its not reasonable to expect me to spend 10k because he has low spots and his yard is graded wrong.

I offered this guy top soil we had to remove, dirt for free and all he had to do was pay the guy to spread it. His side neighbor took advantage of the offer and now has no problems. He denied the offer. I told him today if we do put in a pool he could have some dirt but he would have to have it spread and he seemed annoyed at me even suggesting it.

I'm not real worried about pissing him off. I want to be as friendly and neighborly as possible but I'm not spending 5-10 grand to be nice. I will never see these neighbors as they are to the rear and are part of a different older subdivision that backs up to ours. But they and another set behind us are friends with mother in law and a big reason for this move is she is moving in with us. So I want to be friendly, but I'm not spending thousands to be friendly.

Posted by NOLATiger163
Insane State of NOLA
Member since Aug 2018
608 posts
Posted on 5/26/20 at 11:51 pm to
quote:

I told him he is responsible for draining the water in his lot and so long as I wasn't draining on to his, it wasn't my issue.


Under Louisiana law, what you wrote may well be incorrect, and what tiger turney wrote is basically correct. I'm not saying you ought to go consult a lawyer right now, this whole thing might blow over, but just as a couple of examples of Louisiana law:

Louisiana Civil Code article 655, Natural drainage: "An estate situated below is the servient estate and is bound to receive the surface waters that flow naturally from a dominant estate situated above unless an act of man has created the flow."
https://legis.la.gov/legis/law.aspx?d=110849

Louisiana Civil Code article 699, Examples of predial servitudes: "The following are examples of predial servitudes: Rights of support, projection, drip, drain, or of preventing drain, those of view, of light, or of preventing view or light from being obstructed, of raising buildings or walls, or of preventing them from being raised, of passage, of drawing water, of aqueduct, of watering animals, and of pasturage."
https://legis.la.gov/Legis/Law.aspx?d=110893

So maybe you're correct, but maybe he's correct. The legal issues can be complicated. On the other hand, being calm and courteous, explaining why you had to do what you did, and offering to try to work something out is usually the best way to go. Because even if you win, paying a lawyer to have a pi$$ing contest with a neighbor sure sounds like a bad way to go.
Posted by burdman
Louisiana
Member since Aug 2007
22654 posts
Posted on 5/26/20 at 11:51 pm to
Reasonable use
Posted by Havoc
Member since Nov 2015
38452 posts
Posted on 5/26/20 at 11:51 pm to
So before you, his land naturally drained on yours for years and you have built up yours to drain on his.

You’re fricked if he lawyers up.
Posted by lsu777
Lake Charles
Member since Jan 2004
37237 posts
Posted on 5/26/20 at 11:52 pm to
quote:

Where is the water from your land draining?



To the front, everything is sloped, to the front to run to the catch basins there.
Posted by ByteMe
Member since Sep 2003
22359 posts
Posted on 5/26/20 at 11:52 pm to
quote:

I have to be 24" above grade top of concrete for my foundation. We just finished putting in the house pad.



If that is code, you are fine. It sucks for him, but you are not obligated to help him. If anyone is responsible, it's the developers. I sympathize with him, though...I've been there.
Posted by Havoc
Member since Nov 2015
38452 posts
Posted on 5/26/20 at 11:53 pm to
quote:

I have no knowledge of property rights as far as this goes, however.

Then just shut the frick up, cocksmoker.
Posted by TimeOutdoors
LA
Member since Sep 2014
13262 posts
Posted on 5/26/20 at 11:53 pm to
Who designed the stormwater runoff plan? Did they not take into account flow from adjacent properties. What size lot is it?
Posted by GreatLakesTiger24
Member since May 2012
59531 posts
Posted on 5/26/20 at 11:54 pm to
quote:

This shite pisses me off. Yeah, water flows downhill. No, you can't build a dirt mountain so everyone except you floods. Geez.

this is what libertarians want
Posted by lsu777
Lake Charles
Member since Jan 2004
37237 posts
Posted on 5/26/20 at 11:54 pm to
quote:

before you, his land naturally drained on yours for years and you have built up yours to drain on his.

You’re fricked if he lawyers up.




He did drain on to mine, I don't drain on to his at all. His just can't drain on to mine anymore Due to house pad and elevation I have to be at according to the city.

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