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Is he willing to work with you?

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He acts like sometimes, but then not at all.

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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,

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BAM!! OB wants a government mandate that every landowner capture all water in hippie rain barrels!!!

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Is he willing to work with you?

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He acts like sometimes, but then not at all.

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Well no offense, and I don't know the whole story about how you presented it to him, but based on your comment that...

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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.

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...at the very least it seems you blamed him for rain and for you owning a house that is downhill (with vague lawsuit/damages threats over his alleged legal responsibilities).

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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,

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BAM!! OB wants a government mandate that every landowner capture all water in hippie rain barrels!!!

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When it floods your house, a little concentration would be nice.
I'm willing to do whatever it takes to fix the issue, but I can't without the neighbors help.

Why don't you bring in dirt and build your side up higher and then BAM!!!! Now it's his problem.

I would try to get an estimate and quote on the solution from a drainage professional of some kind and present it to him and see if he is willing to let you perform the work on his property if needed and if you really have a good neighbor, if he would be willing to pitch in a bit.

If he agrees, put it in writing. If he plays hardball or is a jerk, you could try to get a lawyer to send a letter, but that would be a last resort as it definitely won't make you any friends and it's likely more of an empty threat to try to scare him into action because if the issue really was dealt with legally it doesn't sound like you would have much of a chance.

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Why don't you bring in dirt and build your side up higher and then BAM!!!! Now it's his problem.

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A race to space!! First house to reach a mile high wins!!

Sorry, really not trying to make light of your situation, I realize it's a serious one. I've had good neighbors and I've had bad and I know how tough a bad one can be. Just make sure you work hard to ensure you are the good one in the situation.

Realistically the problem is yours, not his, so keep that it mind when you visit with him. It can be tough to remember if you feel he's being unreasonable. Ultimately you need to do some sort of drainage/redirection on the water coming down the hill. But don't be surprised if he doesn't want to help pay for something that he isn't legally required to.

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Sorry, really not trying to make light of your situation, I realize it's a serious one. I've had good neighbors and I've had bad and I know how tough a bad one can be. Just make sure you work hard to ensure you are the good one in the situation.

Realistically the problem is yours, not his, so keep that it mind when you visit with him. It can be tough to remember if you feel he's being unreasonable. Ultimately you need to do some sort of drainage/redirection on the water coming down the hill. But don't be surprised if he doesn't want to help pay for something that he isn't legally required to.

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I totally agree with what your saying.
He also got off about my neighbors fence needing to be rebuilt so his dog wouldn't get out. I was raised were you had joint responsibilities on fences. I'm not expecting him to pay for the problem, but to at least let me try and fix it.

If you are located inside city limits I would research building requirements for lot grading. Typically cities have regs that require drainage not to pass property lines. I realize this at also be a unique case.

Not trying to be a dick but in most cities it's illegal to tie runoff directly into the sanitary sewer. Some have designations that require the cities to keep sewer from storm. Just something to keep in mind if you talk to the city. I wouldn't mention it in case you open a can of worms.

Everyone else has hit the other high points with trying to divert flow around the house.

You can go to the local authority, city/county, and ask to see the approved street and drainage plans for the relevant sections of the two neighborhoods. The engineers and developers should have them as well. At least then you can see what the approved intent was. They should also have the calculations on them to show how much water they were designed to handle.

Some people that live down the street from my parents had a problem with flooding due to one of the houses a few doors down building a driveway extension onto a drainage easement. This caused runoff to cross over a neighbor's front yard and into this guy's garage. The guy who build the driveway was clearly in the wrong , but it still ended up taking a lawsuit to get it all cleared up.

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...at the very least it seems you blamed him for rain and for you owning a house that is downhill (with vague lawsuit/damages threats over his alleged legal responsibilities).

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Yep. If the conversation starts with any version of "I might sue you", (even with a haha at the end) my inclination to be a good neighbor dwindles rapidly.

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In chandler outside of Tyler.

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Now I'm curious who the neighbor is.

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You can go to the local authority, city/county, and ask to see the approved street and drainage plans for the relevant sections of the two neighborhoods. The engineers and developers should have them as well. At least then you can see what the approved intent was. They should also have the calculations on them to show how much water they were designed to handle.

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This. Lot development is my profession, so I know a little about this, but each city is unique and there are many execptions to every rule.

1. Go to the city and ask to see the "As-Built" plans for both you and your neighbor's addtion.
2. In the various pages of the drawings, there will be a section called "Lot Grading" or something similar.
3. Find your lot and look which way the arrows are pointing. Typically there are 3 categories of lot drainage: "A"...all water to the street, "B" the drainage is split at a highpoint somewhere on the lot and water drains both directions, or "C"..all runoff drains to the rear (Typically on creek or lots backing to open space. Do the same for your neighbors lot.
4. First thing you want to do is make sure your lot is not wrong before you start accusing your neighbor of the same. If your lot shows the arrows pointing to the street in front of your house, you need to make sure you haven't screwed up your drainage with the addition of a pool, plant bed, etc. All lots are typically graded so there is a defined "V" swale between the lots, and there needs to be a minimum of 1% grade from back to front. I really stress that 1.5% is needed for proper drainage, but that's an entirely different issue.
5. Now go look at your neighobors grading plan. If the arrows show point anywhere toward your lot, he is allowed to let his runoff across your lot. this is referred to as "lot-to-lot drainage". It's highly discourged in most large cities, but I'm betting it's OK in Tyler.
6. If his drainage arrows are to the street and it's obvious he is not draining properly, you will need to take it up with the city. They may tell you it's your problem to fix, but at least start with them.
7. 9-10 times when lots all of a sudden no longer drain propertly, it's because someone added a pool or plant bed and failed to realize they have to abide by the grading plan on file with the city.
8. Lastly, I would suggest you tear down your own fence in definance.

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Not trying to be a dick but in most cities it's illegal to tie runoff directly into the sanitary sewer. Some have designations that require the cities to keep sewer from storm. Just something to keep in mind if you talk to the city. I wouldn't mention it in case you open a can of worms.

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They'll figure it out eventually when their waster water treatment plant keeps getting slammed during rains and they go way over capacity.

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You can go to the local authority, city/county, and ask to see the approved street and drainage plans for the relevant sections of the two neighborhoods. The engineers and developers should have them as well. At least then you can see what the approved intent was. They should also have the calculations on them to show how much water they were designed to handle.

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This. Lot development is my profession, so I know a little about this, but each city is unique and there are many execptions to every rule.

1. Go to the city and ask to see the "As-Built" plans for both you and your neighbor's addtion.
2. In the various pages of the drawings, there will be a section called "Lot Grading" or something similar.
3. Find your lot and look which way the arrows are pointing. Typically there are 3 categories of lot drainage: "A"...all water to the street, "B" the drainage is split at a highpoint somewhere on the lot and water drains both directions, or "C"..all runoff drains to the rear (Typically on creek or lots backing to open space. Do the same for your neighbors lot.
4. First thing you want to do is make sure your lot is not wrong before you start accusing your neighbor of the same. If your lot shows the arrows pointing to the street in front of your house, you need to make sure you haven't screwed up your drainage with the addition of a pool, plant bed, etc. All lots are typically graded so there is a defined "V" swale between the lots, and there needs to be a minimum of 1% grade from back to front. I really stress that 1.5% is needed for proper drainage, but that's an entirely different issue.
5. Now go look at your neighobors grading plan. If the arrows show point anywhere toward your lot, he is allowed to let his runoff across your lot. this is referred to as "lot-to-lot drainage". It's highly discourged in most large cities, but I'm betting it's OK in Tyler.
6. If his drainage arrows are to the street and it's obvious he is not draining properly, you will need to take it up with the city. They may tell you it's your problem to fix, but at least start with them.
7. 9-10 times when lots all of a sudden no longer drain propertly, it's because someone added a pool or plant bed and failed to realize they have to abide by the grading plan on file with the city.
8. Lastly, I would suggest you tear down your own fence in definance.

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fido do you have a email I could contact you through? You brought up some good points I would like to discuss further

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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,

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Hopefully you mean storm sewer and not sanitary sewer.

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8. Lastly, I would suggest you tear down your own fence in definance.

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G'Damnit!!! I came in here to suggest that.

I highly doubt his drain lines tie into the sanitary sewer

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fido do you have a email I could contact you through? You brought up some good points I would like to discuss further

I sent you a PM.

DS

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I highly doubt his drain lines tie into the sanitary sewer

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You'd be surprised how many tie into a manhole.

Aren't most manholes storm sewer???

The ones I work with are mostly sanitary. Most of our customers (very small cities, >5000 pop.) don't even have storm sewer, and if they do, it's in a subdivision that came in within the past 20 years.

I must see pictures. Rain just came. Please post.

Update....
We have had a couple rains 1 1/2 " very fast, and 2/12" the next night but the drains have kept up.
The neighbor has totally changed, and we met Saturday morning with some guys I know that do dirt work. The dirt guys estimate there is at least 2 acres of water that ultimately drain through his property into mine and two of my neighbors on either side of my house.
They devised a plan to keep the water out of my back yard and drain on the side of my house down my driveway. Its hard to describe but my house is actually on a big hill. Its hard to back any trailer up it without dragging because of the slope. We are debating on the drain and capacity, because neither want to push the problem heavier on the others. The good thing is I am very good friends with both my neighbors on either side.

With some advice from the board, we are going to the city to see the drainage plans for both our additions, and see if something was missed during building. I don't see how they could have missed letting that much water drain into the back of another addition, but you know how small towns are.

My hope is the city will let us run a line down the side of my driveway into the storm drain and catch the water we divert from his property.

Sounds like everyone is handling it like rational adults. Good job.

Is it wrong that I was hoping Chandler would become the new Doss?

1. Collect water
2. Sell water to California
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PROFIT!

He is entitled to allow the pre-development runoff that crossed the boundary to continue to do so. However, development creates additional impervious surfaces, such as roofs, and any increased runoff cannot cross your boundary. This is the simple answer, which can become more complex given all the variables.

Where would someone find drainage plans for a neighborhood in the city of Houston?? I have I similar problem on a MUCH smaller scale.

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Where would someone find drainage plans for a neighborhood in the city of Houston?? I have I similar problem on a MUCH smaller scale.

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Public Works - email Ryan the Temp and he can put you in the right direction.

If the City of Houston is anything like the city of Dallas, then go ahead and put $4 in the parking meter and proceed to either Public Works or Engineering and Planning and ask to see the "as-builts". Then proceed to be sent around to about 5 different departments by some large woman who hates you and her job. Eventually you will be routed back to either PW or E/P, only to be told to come back after lunch.