Neighbor impeding water runoff

March 31, 2009 2:44 PM

How do I approach a business owner whose work on his adjoining property is causing excess water to pool on our lawn? . . . details inside. . .

A portion of our home’s grass backyard serves as a drainage path for water from our neighbors’ yards. When the ground is saturated or frozen, sometimes water will pool in our yard, roughly 6” deep, 25’x35’, for a couple of days following heavy rains. The downstream adjoining property (zoned for business) was purchased last summer. Over the winter, the new owner dumped some 15 truckloads of soil/gravel on his property where the water used to flow on down from our lawn. Following March rains, our “pool” is now at least a foot deep and has lasted for more than a week. It encompasses a much larger area including the bases of two 30’ trees in our back yard. I don’t want the water to stand so long that it would kill the trees, nor do I want a semi-permanent bog/mosquito hatchery in our backyard.

I will speak to the property owner, but how should I approach him? What do I have to negotiate with? Do I talk with him first, or with the city/state officials to find out legally what our rights are? I do not have $ for a lawyer. (Illinois city of 20,000)

I would like at least a return to the relatively unimpeded flow of water from our yard. This would likely mean at least the installation of some sort of drainage tile on his property.

posted by tronec to home & garden (6 answers total)

don't speak to him. call your local building/zoning/planning office, and tell them.
posted by lester at 2:49 PM on March 31, 2009

I'd start by strolling over there, neighborly-like, and asking him if he could do something about it. Maybe he's a nice guy and will take care of it for you. Weirder things have happened, I assure you.

If he doesn't, I'd send a letter, formally asking him to cure the disturbance he is causing on your property. Keep a copy of the letter for your records. Also: take pictures and measurements the next time it rains. Keep records of these too.

If he still doesn't do anything, call your municipality. Drainage is something local governments actually care a lot about, and if this guy is f*cking with it, they may get on his case about it. Causing a drainage problem usually violates municipal ordinances, so simply bringing it to their attention might provoke an enforcement action, which would take care of you.

If that doesn't work, consider contacting legal aid. Most of them have income requirements, so if you're over the limit, you're going to have to pony up and get yourself a lawyer. This will probably cost you somewhere in the hundreds of dollars, unfortunately, and it might run to a thousand or two if the business owner drags his feet. Make it clear that you're looking for injunctive relief, not damages, i.e. you want your neighbor to fix the problem, you don't want money.
posted by valkyryn at 2:51 PM on March 31, 2009

Here's a book that might help, partly accessible through Google Books:

Neighbor Law: Fences, Trees, Boundaries & Noise

and possibly available through your local library - fill in your zip code at the bottom of this page.
posted by XMLicious at 3:16 PM on March 31, 2009

I had a similar problem. Still do. The backyards ( ours plus from the street behind)) run sloped at the very back in a V shape if you know what I mean. Then to make things worse the whole street slopes lengthwise also. I was having trouble with water ( a small stream) flowing down after a good rain. I called the city about it after finding out the two houses at the end had their eaves troughs going into big "O" and running underground to the back of their yards. The city "engineer" came out, looked at it and left a card in the mailbox. I had to phone him ( I was away when he came) just to hear him say it was okay.......
posted by Taurid at 3:34 PM on March 31, 2009

I'm not sure how it works in Illinois, but I've worked at a mosquito control district in ND for the past 5 summers and if the water sits there long enough, you could have some mosquito breeding ground going on. Considering mosquitoes are a huge public health issue, getting in touch with either your local mosquito control district or Center for Disease Control office (or any other public health departments you may have) would be a good (and free) idea.
posted by whiskey point at 9:25 PM on April 1, 2009

Is it the same neighbor's water that is pooling in your yard? Or is it from your own yard and/or other adjoining neighbors? If so, I'm not sure this is your (business) neighbor's problem. It sounds like your property was draining onto his. I don't see how s/he's under any obligation to make it convenient for you to continue doing so. (I could certainly be wrong; I don't know what the code requires in your area.) Can you make it so that your other surrounding neighbors don't drain into your yard? And yes, I would contact your city/county and ask for their input.
posted by curie at 12:12 AM on April 2, 2009