Domain: tiger-web1.srvr.media3.us Drainage issue - pissed off neighbors | Page 7 | O-T Lounge
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re: Drainage issue - pissed off neighbors

Posted on 5/27/20 at 8:26 am to
Posted by Breesus
Unplug
Member since Jan 2010
69549 posts
Posted on 5/27/20 at 8:26 am to
quote:

But mother fricker, you ever built a house?


Yes. New construction. From the ground up.

quote:

Doing exactly what you are talking about is how you end up 100 grand over budget


You could rent a ditch witch and pick up a worker at home depot and do the entire drain line in a day for under 1000. You're about to live next to this person for a long time. Is this really how you want to start off your neighbors relationship.

quote:

Do you realize how fricking stupid that sounds?


You sound like a joy to be around.
Posted by tigerfoot
Alexandria
Member since Sep 2006
61123 posts
Posted on 5/27/20 at 8:27 am to
I’d get w contractor and insure there was nothing to it

Once I was satisfied w the response I would block the number
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
73798 posts
Posted on 5/27/20 at 8:28 am to
quote:

that a swell was dug
Jesusgod people!

“Swell” can be used to describe things your Moms do to me in the dark.

“Swale” is a little ditch.

Posted by Slingscode
Houston, TX
Member since Sep 2011
2221 posts
Posted on 5/27/20 at 8:29 am to
I think you're doing the right thing. Help him if you can; but it's really not your issue.

Bad neighbors can be a nightmare for many years to come.

Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
60801 posts
Posted on 5/27/20 at 8:30 am to
Yeah. Your new dirtwork isn’t allowed to be your neighbor’s damn.
Posted by Libertariantiger
Member since Nov 2012
981 posts
Posted on 5/27/20 at 8:31 am to
I'm surprised the neighbor hasn't threatened to sue your contractor. He is the expert of record. I'd throw him under the buss to the neighbor and save some face.
I'm also surprised the neighbor hasn't contacted the city. Most cities have drainage departments and they had to have had a drainage plan if it was a new subdivision.
Posted by Mariner
Mandeville, LA
Member since Jul 2009
2582 posts
Posted on 5/27/20 at 8:31 am to
If it is cheap to install, do it, and the day it is finished go knock on his door and tell him to never contact you again, and that you will be building a 12 foot fence to ignore his arse. I would get much more joy doing that than hiring a lawyer

Set the standard, he seems to be the type to be an annoying neighborover trivial things for the rest of your time there. He will just come back to you with further complaints in the future. He already resents you for building a house next to him.

Posted by LCA131
Home of the Fake Sig lines
Member since Feb 2008
77002 posts
Posted on 5/27/20 at 8:31 am to
quote:

Bad neighbors can be a nightmare for many years to come.



They should make a show about it...
Posted by Uncs
Member since Aug 2008
3080 posts
Posted on 5/27/20 at 8:32 am to
quote:

How the frick
. Classy. Instant credibility


quote:

Don’t mess with upstream and down stream drainage patterns.


If it’s an empty lot and he brought his elevations up to standard. What’s the problem. Neighborhood and city approved plans. Tough shite.

Only thing I would offer is to maybe meet him 50/50 on cost
Posted by statman34
Member since Feb 2011
3706 posts
Posted on 5/27/20 at 8:33 am to
quote:

quote:
the city approved it I can’t see how it is your problem

This



I will be curious to see how this plays out in other areas of East Baton Rouge Parish. Right now there are a ton of newer houses going up way higher than existing houses. I would imagine it would depend on how far someone wants to take it when inevitably the water starts interfering with existing houses after flash floods and heavy rain show what will really happen.

Bottomline is the metro council rubber stamps everything that they can. As long as they get their share of the kickback developers can pretty much do what the want. The existing homeowners pay the price for the corruption. Not sure any have ever been successful in proving it but it would depend on how many lawyers were involved. It merits watching because it is really becoming a bigger and bigger issue.
Posted by mthorn2
Planet Louisiana
Member since Sep 2007
1558 posts
Posted on 5/27/20 at 8:34 am to
Just dealt with this exact issue on a development. You need to get the city/municipality involved. Since that old swale was draining more than just your neighbors house it will be grandfathered in as a joint use outfall. Long story short...the pipe was purchased by landowners and parish installed the drain line and claimed 5' servitude. The other solution was civil court but the developer/landowner was informed by his attorney that he would lose because of a Louisiana civil law rule that states "... that landowners are strictly liable for altering the natural drainage of surface water." The final solution cost $1,000 + Parish labor. Lot cheaper than an attorney.

Get a meeting scheduled between you, your neighbor, and governing municipality public works director AS SOON AS POSSIBLE....before this gets expensive and ugly.
Posted by Hangover Haven
Metry
Member since Oct 2013
32628 posts
Posted on 5/27/20 at 8:35 am to
My dad had the same problem with his neighbor. Said neighbor called code enforcement to come out. a-hole neighbor got an arse chewing because he failed to maintain his yard with proper fill...

Pops never heard one complaint after that...
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471460 posts
Posted on 5/27/20 at 8:38 am to
quote:

WTH Why are these people making changes to land that isn’t theirs?

i'm guessing this was an old residential area with an even older undeveloped area that wasn't minded. at some point they go, "why not? who is going to notice?"
Posted by tigerfoot
Alexandria
Member since Sep 2006
61123 posts
Posted on 5/27/20 at 8:41 am to
quote:

I'm surprised the neighbor hasn't threatened to sue your contractor. He is the expert of record. I'd throw him under the buss to the neighbor and save some face.
I'm also surprised the neighbor hasn't contacted the city. Most cities have drainage departments and they had to have had a drainage plan if it was a new subdivision.


This right here.
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8839 posts
Posted on 5/27/20 at 8:44 am to
Thanks gay Mr. Rogers. It's not a word I've seen printed or used on a regular basis. Go back to the soccer board.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471460 posts
Posted on 5/27/20 at 8:47 am to
quote:

Yea contractor thinks I would win in court but who cares, cost me more in lawyer fees to win.

Just going to fix the shite.

i don't usually do this but i will give you legit legal advice. if you do "fix it" you need to get your neighbor to sign a release and waiver of claims and ensure it applies to any successive homeowner. you are basically settling with him over this drainage issue and you need to, at the least, get an attorney with knowledge of land issues to ensure it's valid.

you basically want to protect yourself that (1) he agrees your work fixed his problem and (2) he waives any claims he may have against you re: the drainage. now, i am not an expert in this area of law so it may require special assertions and language.

now to make that effective going forward, that person with more knowledge of land regulations may be able to advise you if that waiver needs to be filed in the mortgages/conveyance records.

if you're in LC i suggest Matt Mize
Posted by White Bear
Deer-Thirty
Member since Jul 2014
17420 posts
Posted on 5/27/20 at 8:50 am to
quote:

Cummings v. Boudreaux


"After review, the Supreme Court found Boudreaux was a precarious possessor of the predial servitude, who never gave actual notice of his intent to possess on his own." I know of a case that 100% contradicts this, i.e. notice of intent to own didn't matter. The courts are a scary place, baw.
This post was edited on 5/27/20 at 8:51 am
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
73798 posts
Posted on 5/27/20 at 8:50 am to
Your Mom in particular is a very naughty little lady.

She makes it swell.
Posted by JakeRStephenes
Member since Feb 2012
3076 posts
Posted on 5/27/20 at 8:51 am to
Had the exact same problem when a new subdivision was built. Had no recourse legally - put in a French drain with a sump and pumped water to a spot where it could drain.
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6937 posts
Posted on 5/27/20 at 8:52 am to
Same thing happened to us. The neighboring lots were using mine as a drainage pond for years because their yards were not properly graded.

I called out the inspector and had him bring the maps and explain the drainage plan for the neighborhood to the pissed off neighbors. Never heard another word about it after that.
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