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greentrees 07-01-2012 09:44 PM

Need help with flooding backyard from neighbor
 
3 Attachment(s)
Is there something I could do to prevent the neighbors water from going into my backyard?

I noticed that water enters on the right side of the fence (as viewed from the photo). The water also goes into the neighbor to the right of me (as viewed from the photo).

I could try to raise my backyard by putting a lot of dirt, but not sure if dirt will solve the problem. I have a few inches of mulch near the fench, so I could replace it with just dirt and raise the back area a few inches.

But the main area that flooded is about 8 inches below the back fence area.

Any suggestions.

pls8xx 07-01-2012 11:20 PM

"Is there something I could do to prevent the neighbors water from going into my backyard?"

The simple answer is probably not. Most US States observe some form of the Civil Law of Drainage. Since you didn't say where you are I have no way of knowing what law might apply.

I suggest you not fill or otherwise block the neighbors water until you know whether you have a right to do so. Back water up on his side and you might have to pay damages, tear out the work you did, and if he has to take you to court that cost may fall on you too.

user1007 07-02-2012 06:37 AM

I've mediated a number of these situations and usually end up recommending all involved neighbors split the cost of a civil engineer or landscape architect and the cost of fixing the grades. I know it is un American to suggest their are alternatives to going to court over disputes but usually you can work things out. Sometimes not.

By the way, I have had a judge or two sign off in including the land developer in grade restoration a time or two. The were not happy but they are the ones that scraped the land and did not return it to a decent drainage situation.

gregzoll 07-02-2012 07:38 AM

I am going to make a guess. Most likely it is coming from the high side to the left, not from the back that you think that it is. Only way to fix the problem, is everyone together find a solution, not just place a band-aid on one part of the problem.

greentrees 07-02-2012 11:40 PM

Quote:

Originally Posted by pls8xx (Post 955894)
"Is there something I could do to prevent the neighbors water from going into my backyard?"

The simple answer is probably not. Most US States observe some form of the Civil Law of Drainage. Since you didn't say where you are I have no way of knowing what law might apply.

I suggest you not fill or otherwise block the neighbors water until you know whether you have a right to do so. Back water up on his side and you might have to pay damages, tear out the work you did, and if he has to take you to court that cost may fall on you too.

Wow. Didn't think it was a legal issue. This is a tract home area in California that is flat, with thousands of homes in the area. There is a street in front of both houses, so I would think the water should flow from the backyard to the street, not thorough someone elses property.

Quote:

Originally Posted by gregzoll (Post 955987)
I am going to make a guess. Most likely it is coming from the high side to the left, not from the back that you think that it is. Only way to fix the problem, is everyone together find a solution, not just place a band-aid on one part of the problem.

The picture is deceiving. The ground is actually flat, so the fence is actually level. There is another fence that the neighbor has with a space of about 1 foot between the two fences.


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