I have a question for the almighty outdoor board. My neighbor in the subdivision behind me yard has a massive drainage problem that comes through the fence and drains into my back yard. On normal rains my drainage system (which is well equipped for my small back yard with a pool) can handle it. When we get several inches is a different story.
My whole yard literally floods and have had water actually come into the garage. The other night I had to physically push water for 30 minutes into my pool while I had the pool backwashing to prevent my house from flooding.
My neighbor seems to think its not totally his problem. His response is his house is built higher up and just told me water runs down hill when I told him legally he would be responsible for my house flooding.
What are my options? Is he responsible legally?

I don't have great answer, but I'm interested to hear the responses. It is hard to picture what is actually causing the runoff based on your description, but I would initially agree with your neighbor in that water does run down hill.

If he is willing to help you financially in any amount to help fix the problem, then I would consider that a huge victory and a very neighborly thing to do. I see no way he is legally responsible for 100% of the cost (and maybe none of the cost) unless his yard is somehow purposefully pushing it to yours or he is somehow being negligent.

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when I told him legally he would be responsible for my house flooding

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Is this in fact true? It's an honest question. I'm a rural home owner in a flat community and drainage is a concern - I grew up with the 'don't buy low property' mindset for this reason.

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when I told him legally he would be responsible for my house flooding.
What are my options? Is he responsible legally?

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So you told him something you don't know is true?

The only way I can see them being responsible is if they built something that changed runoff and didn't accommodate for it. Even that's a stretch unless its city code or something similar I would imagine.

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The only way I can see them being responsible is if they built something that changed runoff and didn't accommodate for it. Even that's a stretch unless its city code or something similar I would imagine.

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This.
Usually they can only be held responsible if they have done something that changed the natural run-off behavior. Even then you have to be able to prove it to make it stick.

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The only way I can see them being responsible is if they built something that changed runoff and didn't accommodate for it. Even that's a stretch unless its city code or something similar I would imagine.

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Then you'd also probably be stuck dealing with what type of flood city code is to and what kind of flood makes it run off into your yard.

EX: code may only be for a 2 year flood but a 5 year flood completely soaks your place.

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I don't have great answer, but I'm interested to hear the responses. It is hard to picture what is actually causing the runoff based on your description, but I would initially agree with your neighbor in that water does run down hill.

If he is willing to help you financially in any amount to help fix the problem, then I would consider that a huge victory and a very neighborly thing to do. I see no way he is legally responsible for 100% of the cost (and maybe none of the cost) unless his yard is somehow purposefully pushing it to yours or he is somehow being negligent.

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His yard has big V in it that pushes the water right at me. His house was built later than mine, but I have only owned my house for a little over a year,

Is there any reason why I cant move the fence in 6" and build a solid brick wall a few feet tall behind the fence?

If you can't show that changes to his property changed the flow of water in a detrimental way to your property (unless is was permitted to do so, not sure on the legal issues around this though) your best bet may be to just do some work to your property to divert the flow away from your house and garage

edit for typo

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Is there any reason why I cant move the fence in 6" and build a solid brick wall a few feet tall behind the fence?

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If this were to cause the water to back up onto his property he would actually have the case against you that you claimed against him

You would be blocking the natural flow of water (assuming HE hasn't changed it - that's what the other posters are driving at). I don't know how it works in subdivisions - but in farmland you can do it... right before you get your azz whipped, because that's what usually happens when you start blocking natural runoff.

ETA - BlackGold got there first, and I think he explains it well.

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Is there any reason why I cant move the fence in 6" and build a solid brick wall a few feet tall behind the fence?

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If this were to cause the water to back up onto his property he would actually have the case against you that you claimed against him

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So all his water can run into my back yard, but I cant put up a wall to block it? It was so bad it was pushing the bottom of the gate open, so i opened it and it was running like a small river.

You live down hill, where exactly is it supposed to go??

Are you the lowest point around?

The way I understand it is you can improve the drainage on your property to make the water evacuate to the street etc but you cannot cause any change that will back up the runoff onto your neighbor's property. Or cause your runoff to go to another neighbor's property.

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If you can't show that changes to his property changed the flow of water in a detrimental way to your property (unless is was permitted to do so, not sure on the legal issues around this though) your best bet may be to just do some work to your property to diver the flow away from your house and garage

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There lies the problem. I have done everything possible. I have added 6-8 drains on three 6" lines that feed right into the sewer. I just don't see how he can not be responsible to catch his water on his property,

You could always start growing rice and sell duck hunts.

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Are you the lowest point around?

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My house is actually on a hill. But his yard is actually three lots that has perfect V that feeds water down my fence, and into 2 other yards in our subdivision. His house is in another subdivision. I guarantee when the house was built his yard was graded that way, but there is no way to prove it.

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Is there any reason why I cant move the fence in 6" and build a solid brick wall a few feet tall behind the fence?

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If this were to cause the water to back up onto his property he would actually have the case against you that you claimed against him

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This. You cannot cause water to back up on someone's property.

How old is the neighborhood? Where?

Are you in an HOA? Drainage District? City?

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How old is the neighborhood? Where?

Are you in an HOA? Drainage District? City?

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Neighborhood is about 10 years old. No HOA. In chandler outside of Tyler.

Sounds like your H.O.A. should contact the other subdivision if it is happening to three yards.

What do you pay them for? Especially if they aren't going to back you up on something to get the wrinkles ironed out to where everyone can come to a agreed upon solution.

EDIT: Crossbow already asked about the H.O.A. before I could hit submit.

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Is there any reason why I cant move the fence in 6" and build a solid brick wall a few feet tall behind the fence?

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If this were to cause the water to back up onto his property he would actually have the case against you that you claimed against him

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This. You cannot cause water to back up on someone's property.

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The way his yard is sloped it wouldn't back up into his property. It would just continue down to run down but just not in my yard. If he agreed to letting me put up a retaining wall, would there be any recourse on me? What if he put it up?

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Are you the lowest point around?

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My house is actually on a hill. But his yard is actually three lots that has perfect V that feeds water down my fence, and into 2 other yards in our subdivision. His house is in another subdivision. I guarantee when the house was built his yard was graded that way, but there is no way to prove it.

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What are you suggesting your neighbor can do to fix the problem? Maybe you can offer to cover half of whatever that action is to alleviate the problem.

You asked about options, I wonder if you could put in a drainage tile system similar to what is used in the Midwest corn fields.

It's not "his water." It falls on his property, but that's it. Water is going to do what water does. If he built a funnel that forced his runoff into your property you'd have an issue. But if he has done nothing to his property to change how the water would naturally flow then it's up to you.

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Are you the lowest point around?

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My house is actually on a hill. But his yard is actually three lots that has perfect V that feeds water down my fence, and into 2 other yards in our subdivision. His house is in another subdivision. I guarantee when the house was built his yard was graded that way, but there is no way to prove it.

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What are you suggesting your neighbor can do to fix the problem? Maybe you can offer to cover half of whatever that action is to alleviate the problem.

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I have asked about putting in drains and the running the lines out on the other side of my house. To do so on my side I would have to cut out my concrete drive way.

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The way his yard is sloped it wouldn't back up into his property. It would just continue down to run down but just not in my yard. If he agreed to letting me put up a retaining wall, would there be any recourse on me? What if he put it up?

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This depends, where would the water go once the wall is put up. also, you mention the drainage lines that aren't working. are you sure they are installed correctly and are in good working shape (not plugged up)? if so you could always regrade your property to form its own "v" and a shallow ditch taking water down the side of your lot out to the street.

I'd think you're only defense is if he's diverting water to you that should be going elsewhere. (Like his neighbor on the other side). No, he's no more obligated to catch and hold water on his property than you are.

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It's not "his water." It falls on his property, but that's it.

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Nope, the state of Texas would have you believe that it is theirs as soon as it becomes run-off.... so i guess you could sue the state for damages....

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The way his yard is sloped it wouldn't back up into his property. It would just continue down to run down but just not in my yard. If he agreed to letting me put up a retaining wall, would there be any recourse on me? What if he put it up?

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This depends, where would the water go once the wall is put up. also, you mention the drainage lines that aren't working. are you sure they are installed correctly and are in good working shape (not plugged up)? if so you could always regrade your property to form its own "v" and a shallow ditch taking water down the side of your lot out to the street.

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The drainage lines I put in are working fine. But with the size of my back yard and with a pool, I am out of options unless he will work with me.

If they are working fine then how is the water backing up? the yard should be graded so that it directs water to the drains.

Is he willing to work with you?

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If they are working fine then how is the water backing up? the yard should be graded so that it directs water to the drains.

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It's hard to describe but most of the back yard is pool and patio. The drains are good but I'm talking massive amounts of runoff from his property.