Legal Question in Real Estate Law in Texas
Neighbor draining pond into my yard
My neighbor dug a pond on their property. The dirt from the pond was used to landscape their land to divert all their property drainage to a central spot which drains onto my property. They also have the overflow for the pond flowing into this area. I was taking on all the water draining from their property and their pond causing a creek to form across my property killing 4 of my trees and keeping my property so wet that it was hardly accessible. I used dirt to build a small retaining wall to slow the water flow. The neighbor is complaining because water is backing up onto his property and says that I am blocking a ''natural drain''. I know that it isn't a natural drain because he created it. I would like to know if I can make him liable for any further damages if he continues to cause a creek across my property and if I have the right to block the flow to protect my property. Thank you.
1 Answer from Attorneys
Re: Neighbor draining pond into my yard
Under Section 11.086(a) of the Texas Water Code:
(a) No person may divert or impound the natural flow of surface
waters in this state, or permit a diversion or impounding by him
to continue, in a manner that damages the property of another by
the overflow of the water diverted or impounded.
Based on the facts in your question, you neighbor has probably violated Section 11.086(a) by diverting the natural flow of surface water onto your property and causing you damage. You have probably not violated Section 11.086(a) because the water draining onto your property is not the natural flow of surface water.
You may be able to file suit against your neighbor to recover damages. I suggest that you speak with any attorney regarding your rights.
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