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so water flows down.

stilleto

ELITE MENTOR
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and i live at the top, along with a few other houses, spread out a few acres apart.
down my driveway is a road, and across the road, and down a bit, is a house.

new owners.

and water, from rain and tons and tons of melting snow, is flowing from somewhere into a slight dip in the landscape between my neighbors house and mine, across the road, and into a tiny bit of marshland next to the new neighbors home.

in fact, it's flowing and flowing so much, that it has seeped into their basement. and now, my neighbor and I have gotten a letter to fix the flowing water problem or the new neighbors will be forced to take legal action.

is this my fault that they bought a house at a lower elevation than mine?
 
and i live at the top, along with a few other houses, spread out a few acres apart.
down my driveway is a road, and across the road, and down a bit, is a house.

new owners.

and water, from rain and tons and tons of melting snow, is flowing from somewhere into a slight dip in the landscape between my neighbors house and mine, across the road, and into a tiny bit of marshland next to the new neighbors home.

in fact, it's flowing and flowing so much, that it has seeped into their basement. and now, my neighbor and I have gotten a letter to fix the flowing water problem or the new neighbors will be forced to take legal action.

is this my fault that they bought a house at a lower elevation than mine?

In N.O. of course a good portion of the city is below sea level.

If you build a new house bordering neighbor's property above a certain level over the center line elevation of the road you have to build "retaining walls" to protect your neighbor's property and make sure drainage water is directed towards the municipal drainage system.

For existing property that is higher it's not your responsibility. The neighbors would have to devise a way to protect themselves from runoff water, e.g. underground culverts, etc ...
 
If there were no houses up the street from them, and they still had flooding problems, do ya think the new neighbors be suing God because it's raining and the snow is melting?

Seriously, their wet basement is not your problem unless you're actually diverting water to their property on purpose!

If they're of the mind to sue they'd have better luck going after the previous owners for failing to disclose a water seepage problem. Better yet, do like the rest of us, stop looking for a scapegoat, suck it up and fix the problem and chalk it up as a lesson learned about the cost of home ownership :whatever:
 
If you are in a housing development the builder of that complex is in charge to make sure culverts and drains are installed properly.I had the same problem and all the water was sitting in my back yard and along the side of my house.They came in and put the right trenches in.I wouldnt worry about it coming back on you.
Silent
 
Apparently these new neighbors are unaware of your Executive Elite Moderator status at EF

just sayin'
 
i'm not in a development. in fact, I can barely see my neighbors house from mine and I can't see any other houses at all.
nobody did anything to divert the water- it flows through the woods in fact... it's a bit of a hike to get to it. we've had so much snow and rain, that it's causing the runoff. Not a concern of mine, since my house is high.
 
You are still going to have to contact a lawyer who specializes in property rights. You can either do this now so that you can ensure that they don't sue, or wait until thy bring a suit forward. If you want I can come out and be an expert witness as I am a Geologist and all. I'll even wear my glasses so I look extra not dumb! :nerd:

Cheers,
Scotsman
 
You are still going to have to contact a lawyer who specializes in property rights. You can either do this now so that you can ensure that they don't sue, or wait until thy bring a suit forward. If you want I can come out and be an expert witness as I am a Geologist and all. I'll even wear my glasses so I look extra not dumb! :nerd:

Cheers,
Scotsman

^^^

This. Depending on where you live and the specifics of how everything came to pass, you might still be liable with our goofy laws.
 
You are still going to have to contact a lawyer who specializes in property rights. You can either do this now so that you can ensure that they don't sue, or wait until thy bring a suit forward. If you want I can come out and be an expert witness as I am a Geologist and all. I'll even wear my glasses so I look extra not dumb! :nerd:

Cheers,
Scotsman

deal. :)

I walked (in the rain) down the road about a mile and there's a house there (also on the other side of the street) that flooded really badly a few years ago from the same thing. They live across from a big field and after a snow storm and a lot of rain, the field drained off at the lowest point, then rushed across the street, and right into their basement. So i asked if they knew if they could sue, and I found out that the husband is an attorney. He said the only person he could have sued would have been the previous owners, if they knew that was an issue, but they had lived there so long at that point, that the point was moot.

He told me my new neighbors could possibly sue the old owners, but not me. i've lived here 3.5 years and it's never happened before, so i don't know if it ever happened before at all.
 
deal. :)

I walked (in the rain) down the road about a mile and there's a house there (also on the other side of the street) that flooded really badly a few years ago from the same thing. They live across from a big field and after a snow storm and a lot of rain, the field drained off at the lowest point, then rushed across the street, and right into their basement. So i asked if they knew if they could sue, and I found out that the husband is an attorney. He said the only person he could have sued would have been the previous owners, if they knew that was an issue, but they had lived there so long at that point, that the point was moot.

He told me my new neighbors could possibly sue the old owners, but not me. i've lived here 3.5 years and it's never happened before, so i don't know if it ever happened before at all.

Pics of you wet from walking in the rain please!!!!!:p

At least here in Colorado if you build a structure in a know flooding area or water way you can't sue for your own stupidity. Your house also becomes uninsurable against flooding/natural disaster.

Cheers,
Scotsman
 
Pics of you wet from walking in the rain please!!!!!:p

At least here in Colorado if you build a structure in a know flooding area or water way you can't sue for your own stupidity. Your house also becomes uninsurable against flooding/natural disaster.
That's never stopped anyone in California.
 
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