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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33260
Experience:  Began practicing law in 1992
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Im being sued by my next door neighbor for $4412.63 stating

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I'm being sued by my next door neighbor for $4412.63 stating I landscaped my property with fill dirt and sod. Resulting in excess drainage water being diverted onto their property, being in violation of TX Water Code 11.086. I did put fill dirt in holes 3 years ago on my property & installed sod; my question is do they have any grounds to sue me for this money when all we did was vastly improved our lot compared to theirs. We also dug a 4"x12" drainage ditch between our property and theirs. But most importantly they reside at the corner lot which is at the end of the street and their lot is at the lowest elevation, where the storm water flows too & through their lot (for 11 years) then down a storm drainage ditch. Please someone help me ... even if I have to hire you. Thank you.
They have a right to sue you and recover damages if the work you did caused water to be thrown on their property that normally would not have been there. In other words, if you changed the natural flow of the water onto their property.

You need to begin rounding up your witnesses who can testify the water has always flowed the way it is now as well as an expert to testify that the work you did won't cause their problems.

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Customer: replied 6 years ago.
What kind of witnesses? The neighbor to my West (up stream of the natural storm water flow) would have more of an issue to complain about than this neighbor! I installed sand loam soil & sod which absorbs more water than the natural black clay that is on their property. Also can I hire a lawyer for small claims court & would it be advised. Thanks.