Drainage Issue into Neigbor's Yard... Who Is Responsible?

The whole answer is likely a combination of state and local law, case law, and the various land contracts and property interests in place. I would definitely contact a lawyer. Otherwise, you are likely to get pieces of the answer (city can answer as to city code, not state law, ie) rather than the whole thing.

I'd call code enforcement. They have the city plans and would know what the plan for drainage is. They would also be able to tell you guys if there is anything in the plans that has already addressed this.

why do you have to call anyone, 8 years after you bought a house? I would expect that you'd do what a good homeowner would do, and help your neighbor out by finding a solution, with them, that you both can handle. After all, it is your water that is going into his yard. Just because you buy a house doesn't mean that everything is perfect when you buy it. How would you feel if his water was draining onto your property?? Would you expect him to do nothing? I doubt it.

I would say you should definitely contact a lawyer or the city offices (or else the HOA if you have one) to find out for sure who is responsible.

My gut instinct - and I have absolutely NO experience with this - is that you should be responsible for fixing it. Because it's your pump, you need to make sure the water is draining to a proper location. While I realize the house behind you is new and the lot was previously empty, it probably shouldn't have ever been emptying into that lot in the first place.

If there was a tree on your property whose roots grew into the neighbors yard, or a fruit-bearing tree that constantly dropped fruit into their yard, you would need to properly maintain your tree so that it didn't negatively impact your neighbor. I think a pump would fall into that same category.

Either way, I'm glad to hear you're going to work to find a solution that is acceptable to both parties.

I would be proactive and call your township or borough's code department.
I do believe it is your responsibility to make sure your drainage is mitigated properly.

We have a sump pump and we are required to have it piped to the front and drain into the sewer system rather than into the other lots or our green space behind. I'd check with your city or your HOA to see what they require. We also have to have our drainage inspected each year, which seems excessive, but it might have to do with our house being right against natural wetlands.

In our old house we were lower than the other houses behind us and we had to install a french drain around our yard, since there was nowhere for the water to go. So, that might be a possibility in your neighbor's case. We got the builder to do it for free, since they were responsible for making sure our lot had proper drainage. They weren't happy, but they did it. So, your neighbor should definitely try that route too. You are correct that the builder should have helped with that issue when they built.

I think you should speak to a real estate attorney to know for sure. We have a school behind our house and we had a problem a couple of years ago with drainage from their hill into our yard. They had to pay to fix the issue and make sure it drained way from our house.

If your sump pump is the source of the water, then it's up to you to fix the cource of the problem,

If your pump has been draining to an empty lot, it was still owned by someone. Perhaps they never complained. Your county records should tell you who owned it before the current owner purchased the property.

With that said, I think it is your responsibility to dispose of your waste properly. I know it is only water, but your neighbor has shared with you he doesn't want it. It should be easy enough to redirect the water flow.

Here is a youtube clip that seems to have a fairly easy fix. http://www.youtube.com/watch?v=T1HvE07mMP4

I hope that helps.

One reason it sucks to live at the bottom of a hill is when it rains, you get it all. Nothing can change the nature of gravity. Even if your sump didn't drain into his yard, he'd still end up with it eventually.

I think the builder needs to be involved. He's putting up houses on wet lots without building in the proper drainage. A cistern located between all the properties might be enough to take care of the excess moisture.

The people at the bottom of the hill need to address this issue with the builder.

I wouldn't necessarily assume it's your sump pump or just your sump pump.
Sump pumps generally dump into sewer.
It could be lot's of other things.
If they are going to build on the empty lot, that builder will have to move dirt around and make a swale or berm or something that will drain water properly.
Your builder would not have been permitted to drain improperly.
Wait on this one.
Look into it, research it but don't promise to go in on spending money on anything yet.
Your neighbor should be talking to his builder in addition to everyone else he's talking to.

Additional:
Sump pumps do not drain from behind retaining walls.
The drain coming out from that wall is just run off from behind the wall - if there was no way for the water to come through, the wall would eventually collapse.
Retaining walls are not dams.
Maybe a drainage spillway might work, or maybe he needs some clean landfill to raise his low spot but the bottom of a hill is going to be prone to flooding no matter what anyone does.
Investigate causes and if it's your fault and what your liabilities are.
IF you must spend money on a solution, carefully review ALL the various solutions - because he can't just demand payments on the most expensive solution when there might be cheaper alternatives (maybe a French drain or something like that) that will do the job.

A., 8 years sounds like a nice, long time to feel rather 'Grandfathered' into your current drainage plan.

However, it sounds like your community is changing rapidly, and the old way of draining that worked for you, no longer works for the new property owner. When lots are subdivided, regardless of how long you have lived there, you now have to take responsibility for where your sump pump drains. It's a bummer that whoever installed it the first time did not consider this condition as problematic for the future. It sounds like you were taken advantage of by whoever installed your sump pump to begin with, as they should be fully aware of the rules for draining into or onto other lots.

Since your neighbor has mentioned to you now that this does indeed pose a problem for his lot, it should be addressed in a timely fashion. And he even offered a constructive comment about the possibility of fixing it with the new lot development.

Your city will have property lines and information about local rules available, for free. No need to hire an attorney.

GL!

I think you should absolutely call a real estate lawyer and ask.

I am thinking that since you guys are actively pumping it (from your sump pump) versus just natural water flow, that you might indeed be responsible...but I don't know?

Seeing how most people don't have sump pumps in their houses or on their property, it doesn't make sense to me that your neighbors builder should be responsible for your drainage issue, ya know?

Well, when the CITY'S water flooded OUR yard and basement (their water intake on the road behind us was clogged by shrubs and branches that THEY didn't clear + 3 roads meet right there + rainy few days = water didn't make it into the intake and instead came into our yard like violent rivers), it became OUR problem. We then spent $25000 gutting and fixing our ruined basement and putting in a water mitigation system on the inside and outside of our house (which at that time, we'd only owned for 2 months!). Their fault, OUR problem. They certainly had a "sucks to be you" attitude.

It's nice that you're at least willing to look into whose problem it is. Good luck figuring it all out!

I would contact the builder. They should know about the drainage issue and what decisions were made 8 years ago. They should also be made aware of the problems with this last lot. They have a land development team that will have to do additional work before they should build.

As for who is responsible ... if you have a drain, it should be draining from the pipe to the ground, away from the house, on your property, not onto someone else's property. That is all you can control.

If your sump pump is dumping water onto his property, and causing damage, it's your responisbility to fix the problem AND the damage. If you don't think it's the sump pump, I suggest bringing in an engineer to determine where that water is coming from and where it's going. If it's coming from your property and damaging his, you are responsible for diverting it or draining it properly. If your property is just a thoroughfare, I suggest you determine where the water is coming from and talk to the owners of THAT property.

I, personally, would want to be on good terms with my neighbors, and would do everything in my power to ensure that the water coming off my property isn't damaging theirs.

Best,
C.

Well, I can tell you what our neighbor is planning. We have a slight slope from our yard to theirs in the back so when it rains for sprinklers run they can get standing water. He asked us if he could have access to our back yard so that *he* can install French drains to take the extra water out to the street. Of course we said yes but my husband later told me in the interest of good neighbor relations that he wouldn't be opposed to sharing the cost but the neighbor hasn't started anything yet so not sure exactly what will happen. Honestly, I wouldn't think you would have to pay anything towards this if you really don't want to but yes, probably best to check with a professional!

Is this, a development, in which there are community rules? ie: like in a subdivision or planned community?
Or is it just individual properties and individual owners on each lot?
Especially it it is a planned community/residential development... then there would be Homeowner Owner's Association rules, etc. too.
And this should address, EACH properties, drainage plans. As well as the city's codes.

Your property slopes downward. Into a swale type topography.
All this time, drainage was going into the next property. So no "complaints" about your drainage, was addressed before.
Now, it has.
Someone is going to develop that lot.

Per residential developments, EACH property owner is responsible for having approved drainage, per the HOA's guidelines. If not, then the homeowner, must do it. But in residential developments, even things like drainage and its flow-plan between properties, must be approved, and/or permitted and up to code. Formally. If a homeowner is negligent in even having proper drainage, then they must, put one in.

Our neighbor, once complained that our drainage/rain flow was going into his, yard. Sure, we saw it. BUT the thing is, WE DO HAVE, proper drainage in OUR individual property AND it was approved by the Association's building Consultants and it was, permitted and met code. Our own blueprints for our drainage plan (yes, we had to have this), is correct and it was done, correctly. The problem with the neighbor, and our so called drainage going into his property, was HIS problem. Because, HE DID NOT HAVE, proper drainage in his lot. Per requirements. And, our entire residential development, HAS a drainage plan per each property and the flow of water. And we are on, a hill.
And one property should not be, flooding another property.

So if you do not even have, proper drainage for YOUR property, then you do, have to correct it.
There are codes and building plans etc. and laws.
And, he would have to also have, proper drainage plans for his property too. It is a domino effect.
And you cannot just drain your stuff into someone elses property.
What if you were him?

And being that there is a whole slew of new homes being built there in these conditions, then this drainage problem will only increase.
Then, the entire development, will have big problems.
Just due to flooding or improper drainage etc. it can affect, the whole stability of a person's lot. And can make the ground shift. And then that creates big problems, on the structure that is built, on it. To say the least.
Eventually, as more homes are built there, there will be tons of water/drainage problems. Not only for you or your neighbors.

A.:

Go to your county land surveyor's office - get the land plat for your neighborhood and find out where property lines are. If you live in an HOA - then your HOA will have guidelines and rules set up on who is responsible for what.

Then you need to find out about drainage pipes and where the drainage is supposed to be going.

If it is your sump pump causing the problem, "legally" you might be held responsible. However, if your home was built first and there was no home next to you at the time - the builder might have "assumed" it was okay to set the lead drainage line out there.

I think it's great that this neighbor is not screaming at you and demanding that you fix at your cost. It sounds like he is being reasonable and wants a solution that works for everyone!

Good luck!

SOunds like you should speak to a Real Estate Attorney

Check with the city and/or the county to to see what the Code states.

You can't direct your water into a neighbors yard! It is no different than if you dumped leaves over there or your garbage. You can only direct water to a sewer. Any attorney will tell you that.

So far as your retaining wall goes, you modified the plat, the approved slope of the land. You must put something in to drain the water that is collecting in that lot.

What I am talking about is when the builder got approval for the subdivision they approved the grade of the land as did every utility. You can't just modify that and say it is someone else's problem.

We put in a retaining wall for a pool. When we did that we put in a drain that goes from the property line and spills out past the retaining wall. Otherwise *we* would have caused severe damage to our neighbor's lawn/property with standing water.
___________________
This is not an HOA issue, this is a city/county issue.

There should be obvious swails on your land. Like look at your backyard and the lowest grade is a swail. Direct the water there and you have not modified the drainage system.

Your yard sounds a lot like mine except your on top of the mess where I am in the middle. In ours there is a very large swail at the bottom of the hill coming down from our neighbors which empties into a storm sewer. Our neighbor on one side is above us and his storm water and the guy next to him runs through out yard and there is another storm sewer on our other neighbors yard.

Thing is when you modify the approved drainage system at best you cause damage to your neighbor's lawns, at worst you can flood their basement.

I have lived in my home since we built it 20 years ago. Although everything I am telling you is per St Louis County ordinances they tend to be the same everywhere.

Definitely make some calls. If you have a good rapport with your neighbor, ask him to contact his builder. Builders of homes less than a year old (if reputable) *should* correct drainage issues. We still have problems in our neighborhood, and the builders are notified first. Otherwise I'd contact a real estate attorney. I'm all for being neighborly and sharing costs for things like that, but only after all other options have been exhausted. If your sump pump works correctly, then it should not be your problem. (In a perfect world, of course.) Good luck!

There are rules about where sump water and gutter water can go. I'd call the city and ask for someone to come out and take a look. if your water is draining onto his property, it is YOUR problem.

I'd contact the city and find out what the rules are governing this. They usually have engineers that just deal with water.

Your problem. You need to fix. No lawyer needed.

His builder should deal with it if it is under one year. Our homeowner's rules state the landowner is responsible and if we build a wall, we must have it drain so as not to cause problems on others' land. Your realtor could be a great source of free help.

Living on Long Island with sand under the top 12 inches of soil we don't generally need sump pumps and i don't understand why a sump pump would be emptying into another person's yard. Where does it pump from? your basement? And where does the pump go to? Is it underground?

I have to assume that the reason the lots at the bottom of the hill are the last ones being built on is becuase there's a drainage issue with houses at the bottom of hills. It's always best to build a house on a hill instead of a valley for drainage purposes. Should we assume the same builder has built all of the homes in the neighborhood - including yours and the down-the-hill neighbors? I'm guessing the down-the-hill neighbor had some kind of landscape person come look at his yard and was told that the swampy yard was caused by the houses up the hill. But who is to say that that section of the town wasn't already swampy before the on-the-hill houses were built?

More than 10 years ago my brother brought a beautiful colonial about 8 miles from the shoreline. He's no where near a lake, creek, etc. But in two different tropical storms his basement was completely flooded (not an inch or two - but 1 - 3 feet) and they had just had it finished with lovely walls, carpet, sound system, pool table, etc. They discovered after talking to people around town, building inspecters at town hall, older contractors, that there was a "strip" of houses that ran like a straight line on a map (not all on one street - the streets run east-west the strip of land ran north-south) that had the same flooding issues in storms. When they went far enough back in the old maps at town hall it shows a creek bed had been in the area and all the farms that had been there (75+ years ago) used the area for their wells as the water level was high in this strip of land. At some point a developer had built a neighborhood in the area and had it been during a dry spell of years he would have never know this swath of houses would be prone to flooding.

All of this to say I don't think you're responsible to the swampy property behind you unless you did something after you moved in to alter the way your sump pump cleared water from your propery. If it was built that way, and the houses down the hill have a problem, it is, unfortunately for them, their problem to solve. If you are able, practically & financially to help resolve the problem then that's a good thing. But sometimes, land a the bottom of a hill is just always going to be swampy no matter what anyone does. It would be a bummer to spend thousands of dollars and there's no resulting improvement...

there are a lot of ways this could be negotiated. yes, your builder should have addressed this (the run-off sounds incorrect, it should either go into a drain field on your property or be routed to a sewer system) and the new builder should be looking for solutions, not leaving it all up to the homeowners.
but ultimately it's your deal, isn't it? if your drainage is saturating someone else's property, you do bear a fair share of the responsibility.
a good place to start would be to get an inspection. what i'd propose to the neighbor is that he pay for the inspection, and if it showed that your drainage is to blame and the county ordinances support his claim, that you get it fixed.
that can at least open up the negotiation.
khairete
S.

I don't think legally you will be responsible since water naturally flows down hill. I also agree with you that the builder should have taken care of this when building. I can say I would never buy a house that sits lower than the houses around it. Seems to me like you are just asking for drainage problems and as an owner on higher ground that has been there for 8 years I don't think I would feel responsible to fix this although I may get an estimate. Not fighting with my neighbors is worth something but probably not thousands. I guess you are way more neighborly than me😀.