Legal Question in Civil Litigation in Texas

Uphill property owner draining water on to me

I built a house and had my lot graded for my house. The up hill lot next door was purchased and substantial grading was done for the house foundation. I now have a 4-5 foot grade difference between his house and mine. During recent rains substanial water has flowed from his property across my drive and around my drive across my back yard. The water across my drive has deposited approx. 2'' of mud agains my garage door. The water through my back yard has cut a ditch approx 6'' deep.

I brought this to the neighbors, and the code enforcement officers before the house construction was finished. Code,(builing inspection) said he would not issue an occupancy permit until the problem was fixed. He however left the city inspection office prior to the finish of this house and the occupancy permit was issued. I called this to the attention of other inspectors but nothing was done.

Amost a year later the next door neighbor refused to accept responsibility.

What is my recourse. What legal action can I take to correct this matter.

Thanks,


Asked on 10/19/06, 6:52 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Uphill property owner draining water on to me

You have a solid basis for a lawsuit to force the uphill owner to correct his drainage problem. You need to find a lawyer in your area that is familiar with that sort of problem and could move for injunctive relief.

Don't delay, because the longer you wait the greater the chances are that the uphill owner will have the equitable defense of laches (you waited too long).

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Answered on 10/19/06, 7:15 pm


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