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Old 03-12-2010, 09:21 AM   #1
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Legal recourse because of what neighbor's do to their yard?


So - my sister and her husband bought a home that's on a hillside - family A is above them, family C is below them. . . and they are family B in the middle.

Because of how the house was situated on the hillside they've had drainage problems - their basement floods and all sorts of stuff goes on.

Well, they hired a guy to put in a french drain and channel. The french drain is in the backyard - it collects the water and then channels it UNDER their house and out a pipe next to the road.

However, instead of the redirected water spilling out into the road where it would flow down into a storm drain - it trickles downhill and puddles up in the family C's front yard, now. So now family C has been given their water problem.

And we're not talking about a little bit of puddling - their front yard FLOODS now with everyone else's redirected water.

So - if you were family C would you be upset with my sister and her husband? I would be, I'd be furious.

Now, on top of being upset - is there any legal recourse that family C can take against my sister for giving him a new drainage issue?

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Old 03-12-2010, 09:29 AM   #2
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Legal recourse because of what neighbor's do to their yard?


There are laws that concern this, I think they have been posted before
But local codes can be different
But basically they can't dump water off their property directly to another
A drainage pipe must end a certain distance from the property line
If it does....and the water still travels downhill....as it will....not sure then

Any reason they can't direct it to the storm drain ?
There are also laws that concern doing that....as they don't want the storm drain system overloaded

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Old 03-12-2010, 03:02 PM   #3
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Legal recourse because of what neighbor's do to their yard?


Quote:
However, instead of the redirected water spilling out into the road where it would flow down into a storm drain -
Ayuh,... and Why doesn't it flow to the road,..??

Whether the C family has any Rights, I don't know, but they have plenty of Reason to blame your family....
'course, Family A shouldn't be dumpin' in your Sister's yard either...
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Old 03-12-2010, 06:50 PM   #4
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Legal recourse because of what neighbor's do to their yard?


why not call the guy back and ask him to do the job correctly?
and apologize to the neighbors. A friendly neighbor is invaluable.
Rather than asking whether you can be protected against a law suit, which by the way, I think an apology to your neighbor can go a long way to prevent a law suit.
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Old 03-12-2010, 07:14 PM   #5
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Legal recourse because of what neighbor's do to their yard?


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Originally Posted by acerunner View Post
why not call the guy back and ask him to do the job correctly?
and apologize to the neighbors. A friendly neighbor is invaluable.
Rather than asking whether you can be protected against a law suit, which by the way, I think an apology to your neighbor can go a long way to prevent a law suit.


Bottom line. You HAVE to live with your neighbors so campsite rules apply.
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Old 03-12-2010, 08:33 PM   #6
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Legal recourse because of what neighbor's do to their yard?


This is DIY Chatroom, and I'm having a hard time determining what this has to do with DIY work. This is not an appropriate forum for seeking legal advice.

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