Legal Question in Real Estate Law in Texas

drainage issure

We have flooding in our yard due to a builders inadequate grading of the lot beside our home. They raised the lot higher than our lot & our retaining walls; also dug channels in that yard to divert excess water from that yard to drain into our french drains. Our city engineer requested that a Certificate of Occupancy be withheld until fixed by the builder, but the city said they couldn't do that for legal reasons. What type of legal action can we take against the builder to correct the flooding they caused in our yard? Can our local government be held responsible in any way? And who can we get to pay the cost of relandscaping our side & back yard?


Asked on 1/16/07, 1:32 pm

2 Answers from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: drainage issure

The Texas Water Code provides a remedy for diverting the natural flow of surface water. You might have to sue the builder.

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Answered on 1/16/07, 1:44 pm
Cheryl Rivera Smith The Smith Law Firm

Re: drainage issure

You have recourse against the adjacent builder. If he or she will not take care of you, then you should call an attorney. This situation happens more often than you want to know about.

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Answered on 1/16/07, 6:15 pm


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