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New Home/Neighbor dumping water into yard

New Home/Neighbor dumping water into yard

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  #1  
Old 06-17-13, 07:21 PM
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New Home/Neighbor dumping water into yard

Hi,

we moved into a new home in Sept of last year. From what I understand in South Carolina you have a 1 year "guarantee." After our house was built a new one next to us was put up. We may be 20 feet apart. Their downspout comes into our yard and also their backyard mud comes through our yard causing erosion and a constantly muddy area. What are my rights? I have learned builders get rich by being cheap but this is a major investment. He said he will do something but if he does not who do I go to? I am just a frantic Dad trying to protect our home. Any advice is greatly appreciated.
 
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  #2  
Old 06-17-13, 07:26 PM
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Join Date: Apr 2013
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Building dept. for a start.
He's not going to be making any money "fixing" this problum so do not expect much or wait to long waiting for him to do anything.
It's againt code and the law for an abuting property to drain into yours.
 
  #3  
Old 06-19-13, 07:42 AM
Join Date: Dec 2005
Location: USA
Posts: 3,188
Step one would be to talk to your neighbor to see if you can agree on a corrective action. It may be as simple as rerouting the downspout outlet or pitching the gutter in the other direction.

In any case, the neighbor has no righto run a downspout onto your property. If it crosses the property line remove it.

Why are you getting mud?
 
  #4  
Old 06-19-13, 09:34 AM
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Agreed that your neighbor's downspouts should not cross the property line. What direction they are aimed can get sticky. If prior to construction the land next door drained onto your property then you have little to stand on since that is the natural lay of the land and flow of drainage. You may not like it but water has to go somewhere and that is often onto someone else's property. It is generally not permitted for them to modify the grading or install piping to change the natural flow.
 
  #5  
Old 06-19-13, 09:44 AM
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In terms of what was occurring before, adding a house often increases the rate and amount of water flowing. Even if it had to drain across your property, they should not be allowed to increase the rate or quantity. It all depends upon what the landscaping looks like, but resolving the problem now is a lot easier than after years of bickering.

Is there a slope to the front or back of either property. I just hate building flat or in a hole.

Bud
 
  #6  
Old 06-19-13, 09:51 AM
Join Date: Mar 2005
Location: USA
Posts: 6,126
The key term is the "natural terrain" and water must be allowed to flow to another area that has historically been lower.

during construction the flow routes can be temporarily altered, but is the responsibility of the doing the modification (builder or developer?) to maintain.

Obviously a downspout directed on other property is not right even if it does not cross the lines technically. If it discharges onto a slash block/platform that is a different situation.

If the plat for the development shows elevations to attempt to maintain natural drainage to a lower area, it usually has to be approved even as far as the Corps of Engineers/DNR if it drains to a protected/sensitive area. If it was all done correctly and approved, the developer is of the hook as far as the general drainage.

If the water comes from a neighbor's sump pump, it is strictly a local lot by lot situation.

Water and drainage can get pretty complicated and it can be a real "can of worms". If you happen to have lake frontage it can be more complicated.

Dick
 
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