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Legal question (Rural property / Water run off from neighbor)

2,309 Views | 12 Replies | Last: 5 yr ago by OnlyForNow
whatthehey78
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What laws apply to run off from a neighbor's property?

Neighbor is injecting water/chemicals (?) where he plans on placing a foundation. A substantial amount of the product/water is running onto my property and creating drainage issues on mine. I am also concerned about the chemicals long term damage (killing my trees, etc.). Do I have any recourse?

Also...can he/she place their culvert, i.e., extend it beyond the property line between us?

Thanks in advance!
Alexander, Caesar, Charlemagne, and myself founded empires; but upon what foundation did we rest the creations of our genius? Upon force! But Jesus Christ founded His upon love; and at this hour millions of men would die for Him. - Napoleon Bonaparte
Martin Q. Blank
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Not sure about the chemicals, but you can't do something on your property that affects the existing drainage of your neighbors.
whatthehey78
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Sasappis said:

Martin Q. Blank said:

Not sure about the chemicals, but you can't do something on your property that affects the existing drainage of your neighbors.


If it is construction runoff or other wise I would disagree. You are right on the general rule but given the ops statement that this is construction related he/she needs to provide some more details.
Not sure what details are needed. Supposed purpose of the chemicals being injected is to stabilize the soil under the foundation and by doing so...minimize the amount of concrete required for the foundation. According to the vendor, he used 20,000 gals of water, mixed with approx. 100 gals of chemical (potassium ions ???). I'm guessing approx. 1/3 to 1/4 of that became "runoff" and onto my property over the course of two days. He claims "no harm/no foul" but my understanding the mixture becomes a barrier to water and prevent the underlying "clay" from swelling and thus cracking one's foundation. At the very least, the vendor should have installed a "silt barrier" OR made some effort to pump the runoff as it occurred into the drainage ditch.

In addition, I'm concerned the owner wants to place his drive right on the perimeter between his and my propterty lines. To do so, he'll likely have to extend his culvert past the property line. I realize neither of us own the property in the ditch alongside the FM road, but by his doing so it will affect the aesthetics of my property from the road.

Do I have ANY recourse or simply have to "live with it"?
Alexander, Caesar, Charlemagne, and myself founded empires; but upon what foundation did we rest the creations of our genius? Upon force! But Jesus Christ founded His upon love; and at this hour millions of men would die for Him. - Napoleon Bonaparte
aggiepaintrain
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AG
lawyer time
HTownAg98
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Since the property fronts an FM Road, I think TxDOT has the final say on where the drive can go. I'm also pretty sure you can't have a culvert that extends past your property line. Depending on where your driveway is, he may not be able to put it on his property line. There is spacing requirements based on the rated speed of the road.
OnlyForNow
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Contact TCEQ regarding the water issue and runoff.

He shouldn't be allowing that to "runoff" and it should most likely be contained and disposed of properly.

Multiple things wrong with what he is doing.
Ornlu
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What municipality are you in? Unincorporated county? Any MUD district?

Runoff pollution is regulated by TCEQ, but they hand off enforcement to local MS4. If you are on septic, you probably don't have an MS4 and thus have to deal with directly with TCEQ.

Definately time to talk to your city councilman, county commissioner, or a lawyer.
whatthehey78
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Have contacted TCEQ and Texas DOT re both issues. Awaiting response.
Will advise what I find out.
Thanks for everyone's inputt.
Alexander, Caesar, Charlemagne, and myself founded empires; but upon what foundation did we rest the creations of our genius? Upon force! But Jesus Christ founded His upon love; and at this hour millions of men would die for Him. - Napoleon Bonaparte
Ornlu
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Well....

whatthehey78
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Ornlu said:

Well....


Govt. agencies...you think they provide prompt responses??


You're mistaken!
Alexander, Caesar, Charlemagne, and myself founded empires; but upon what foundation did we rest the creations of our genius? Upon force! But Jesus Christ founded His upon love; and at this hour millions of men would die for Him. - Napoleon Bonaparte
Ornlu
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You'd be surprised how quickly a county commissioner moves when you mention "TCEQ violations". I find my county commissioners and city council members to be very responsive. City/County Staff, or TxDOT employees on the other hand: worthless.
whatthehey78
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Ornlu

TCEF returned call today and is looking into whether the soil injection entity is/is not compliant. They asked if I had evidence, whereupon I stated I had pictures and another witness (neighbor) who is aware of the runoff onto both of our properties.

It's a wait and see for now. Thanks for your input/feedback.
Alexander, Caesar, Charlemagne, and myself founded empires; but upon what foundation did we rest the creations of our genius? Upon force! But Jesus Christ founded His upon love; and at this hour millions of men would die for Him. - Napoleon Bonaparte
OnlyForNow
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Next time grab a sample!
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