Neighbors water run off

Started by ChristineP1 • 7 replies • 3085 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ChristineP1
Posts: 47

Posted:

A neighbor has directed all of his run off from his home guttering with three large pipes to run off in his side yard. As soon as his yard is full (Low Areas)it fills my yard and creates quite a large amount of ponding. He probably has 1/4th of the ponding and I have the rest. Can he legally do this? Should he not take his piping to a drainage area?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Christine,

Have you talked to your neighbor about it?

What do your Associations governing documents say about drainage or downspouts?

How far away is the closest drainage area?

Tim

GlenL (Ohio)
Posts: 5,491

Posted:

I would contact your local zoning commission for help if talking to the neighbor doesn’t do any good.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Glen is right; this is an issue for the city/co to address. Where I live the h/o would be required to direct the run off to the street. My city has strict rules for lot elevations and the elevation or drainage cannot be changed.

JerrellC (Florida)
Posts: 83

Posted:

CristeenP1 There's and old saying that water seeks its own level. If your lot is lower than your neighbor there's probably not to much you can do. Is there a drainage ditch nearby that you may divert the water to or the street swale or ditch. It may be that your neighbor can extend his downspouts away or even underground from your property. I know of a property owner that did this with a small inlet set under from his downspout. he ran an underground 6 inch pipe from the inlet away from his house to a backyard low area between him and another neighbor. This solved the problem with standing water next to his house. But you would have to consider the elevation and your lot slope and if it would be feasable to construct on underground drainage pipe for this purpose. Hope this helps you. JerrellC

DonnaS (Tennessee)
Posts: 5,671

Posted:

Christine,

Some States also have laws against doing any change to the natural water flow and in this case, the neighbor is directing all of his water runoff in one direction--your lot. The County and State water regulations should also be investigated for these restrictions. If all else fails, you may have to build a swale between your lots and get the HOA involved as this should have been done on the original build.

During hurricanes, the water runoff is huge and we all had swales around our houses to prevent flodding so I know that this system does work.

ChristineP1
Posts: 47

Posted:

Thanks everyone for your suggestions and knowledge. I am going to see how far I can get with the neighbor again.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

He probably has 1/4th of the ponding and I have the rest.

Sounds like your property is lower than his. Because your property is lower, have you taken any action to divert the water in a more desirable direction on your property?

Quote:

Can he legally do this?

Most states, yes. In other states, no, but..... its very expensive and lengthy legal process and even then, you might not "win" per se. The laws regarding changing natural water flow would need to be dramatic. Not a little bit of ponding here and there.

Quote:

Should he not take his piping to a drainage area?

1. Sounds like he has taken precaution to fix the water problem on his property. It doesn't sound like you have addressed yours. You should address "your" property water issues, instead of the neighbors. The water must go somewhere. If the water is a problem, try diverting the water on your property to a more desirable location.

2. Work with your neighbor and ask him to divert the water flow to a different side of the property because it is running off to yours. Offer to help financially to get the job done because it would benefit you too.

The old saying goes..... Water finds its own level.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here