#BackyardPondProblem #NeighborDispute #NewOrleansYardIssues 🏡
Dealing with a neighbor who is causing water to pool in your yard can be frustrating, especially if it’s affecting the functionality and aesthetics of your outdoor space. In this article, we’ll explore the options available to stop your neighbor from making your yard a pond and provide you with some practical solutions to address the issue.
Understanding the problem: Why is your yard turning into a pond?
Before you can take any action to stop your neighbor from causing water to accumulate in your yard, it’s important to understand the root cause of the problem. In your case, the 26 bedroom apartment building behind your house is responsible for the excess water flowing into your yard through the gutters.
Legal options: Can you do anything about it?
1. Check local laws and regulations: Start by familiarizing yourself with the local laws and regulations in New Orleans pertaining to water drainage and property boundaries. This will help you determine if your neighbor’s actions are in violation of any laws.
2. Contact the property owner: If the apartment building is owned by a company, like the section 8 property you mentioned, consider reaching out to them to address the issue. While they may be absentee landlords, notifying them of the problem may prompt them to take action to rectify the drainage problem.
3. Seek legal advice: If diplomatic means prove ineffective, it may be necessary to seek legal advice to explore your options for stopping your neighbor from causing water to accumulate in your yard. A local attorney familiar with property and water drainage laws can provide guidance on the best course of action.
Practical solutions: How to address the drainage issue
1. Install a drainage system: Consider installing a drainage system in your yard to divert the excess water away from your property. French drains, catch basins, and channel drains are effective solutions for managing water accumulation.
2. Build a retaining wall: Building a retaining wall along the property line can help prevent water from flowing into your yard. It’s important to ensure that the construction of the wall complies with local building codes and regulations.
3. Discuss a solution with your neighbor: Approach your neighbor in a friendly and non-confrontational manner to discuss the drainage issue. They may be willing to work together to find a mutually beneficial solution, such as redirecting the gutters or installing a rainwater collection system.
Funding considerations: Dealing with an absentee property owner
Dealing with an absentee property owner can pose additional challenges, especially when it comes to addressing maintenance and drainage issues. In your case, the company that owns the section 8 property has financial resources, but may not be actively involved in the day-to-day management of the building.
1. Community advocacy: Consider reaching out to local community organizations or advocacy groups that specialize in tenant and landlord issues. They may be able to provide guidance or support in addressing the drainage problem with the property owner.
2. Maintenance responsibility: Review the terms of your lease or property agreement to determine if there are any clauses related to maintenance and property boundaries. If the landlord is responsible for maintaining the property, they may be obligated to address the drainage issue.
3. Documentation and evidence: Keep detailed records of the water accumulation in your yard, including photographs and notes documenting the extent of the problem. This evidence can be useful if legal action becomes necessary to stop your neighbor from causing water to accumulate in your yard.
In conclusion, dealing with a neighbor who is causing water to accumulate in your yard requires a combination of legal knowledge, practical solutions, and community advocacy. By understanding your legal options, exploring practical solutions, and addressing the challenges of dealing with an absentee property owner, you can take proactive steps to stop your neighbor from making your yard a pond. Remember to approach the situation with diplomacy and seek professional guidance as needed to achieve a resolution.
Contact the state Storm Water folks. They should have a Storm Water Pollution Prevention Plan (SWPPP) permit that is supposed to prevent this from happening.
Most building codes don’t allow you to cause the amount of water crossing the property line to be artificially increased. By them directing collected roof water across the property line they will be violating the building code. I would contact your local building and safety office to file a complaint.
Your state might have nuisance laws too. In my state, if a neighbor generates vibration (not a decibel violation, but annoying) or if they ran their water hose consistently and it messed my lawn up, those could fall under a nuisance law.
Real estate attorneys handle nuisance law cases in my state. If you have a valid case, an attorney might take it for a percentage of the win money. Could not be worth their time though. Depends on if you have a case.
You will need to discuss this with a property law attorney. Generally speaking though, a property owner cannot artificially alter the flow of rain/ground water so as to cause damage to neighboring property. That’s why a lot of larger buildings and commercial properties have retention ponds.
If it’s just been added (new). Call N.O. Permit department and make a complaint if no permit was issued then they may help. But New Orleans permit department really sucks!!’ It will take them forever to even answer phone. If they have a retaining wall it may be a easy fix by building a levee where water is flowing through
If you can talk to company about it you or they may reroute the downspouts to flow away from you.
I am so glad I moved out of Orleans parish.
Brah, I feel you, but don’t ask Legal Advice, for the simple fact that Louisiana law is different from the other 49 states. Anybody telling you to call the “county” don’t know where ya at, you feel me?
What’s your neighborhood? What floodplain elevation, do you know your number?
I’d check this link if you haven’t seen it – https://nola.gov/stormwater-management-requirements/
Sandbag your property line like you would in a flood
Should be a law about water displacement plans for properties. Call the city
Talk to local building jurisdiction. Water drainage shouldn’t cross property lines.
The Louisiana Civil Code should cover this under trespass to property and private nuisance. The LA system is different than neighboring states but the general principles of harm, duty, damages and injunctions are similar. Neighboring property cannot have water backup on your land. You can file a lawsuit against them for a private nuisance, trespassing (water backing up can be deemed trespassing) and also seek a permanent injunction to stop them from doing this in the future. You may need to have an engineer come inspect your property for damages and costs as well as suggest solutions. Good luck!
Document document document. Do you have pictures?
I would erect a metal panel directly up to the pipe, cut it off to my property line and let it splash back on the apartments. But that’s just me.
It’s happening here on the Northshore too. Ponds were filled in behind us and houses were built… they are on the ground and were built up way higher than our street. Another tension pond was built, but the water naturally drains down into our yards. I can’t use my back yard after it rains. They even ran drainage hoses from the backyards of the new houses to my street. My neighbor has fought it from the beginning, had officials over from our parish to see what is happening and they do nothing…. Except, add another house that is even closer.
From the mother of a Regional Property manager. 😆. Go to the Apt complex. Get the name of the property management company. Ask for a meeting with the Regional. That will start the ball rolling.