Legal Question in Real Estate Law in Texas

drainage problems created by new construction next door

Townhomes have been built on property adjacent to our home.

Since we owned both properties for years, we are well aquainted with the drainage conditions. Our drainage was

excellent. The new construction, which is within inches of our lot line, has caused our garage apartment to be flooded. $15,000 damage. When we saw the changes we warned them, by letter and in person, that we were afraid of flooding. No help was forthcoming. Are they liable for the damage? We have letters from our neighbors stating that there has never been a problem in 50 years. Thank you for your help in this matter.

Asked on 8/25/04, 3:26 pm

2 Answers from Attorneys

Michael Dover Michael A. Dover, PC
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Re: drainage problems created by new construction next door

Yes, you probably have a claim for damages under the Texas Water Code for unlawfully diverting the natural flow of surface water onto your property and perhaps common law claims for trespass or nuisance.

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8/25/04, 4:50 pm
Paul Velte IV Paul C. Velte IV, Attorney at Law
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Re: drainage problems created by new construction next door

The common law rule was that you cannot divert the natural flow of surface water onto other people's property, and if you do, you're liable for the damage you cause. If you're anywhere near Austin, give me a call.

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8/30/04, 12:28 pm

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