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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34464
Experience:  30 years of real estate practice experience.
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The land next to me recently sold and the owners are

Customer Question

The land next to me recently sold and the owners are requesting I move a pile of dirt that I placed to prohibit the runoff of surface water from their land to mine. It is not a stream that I blocked just the surface water runoff. Their land is higher than mine so all the runoff from their land ends up on mine. Am I required to allow their surface water to drain onto my property?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I live in Trenton in Fannin County Texas.
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

The rule is that you can be held liable for damage to an adjacent property due to any change you make in the natural flow or runoff.

So, if the dirt you piled is causing damage to their property, they may, indeed have a claim.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
Their land is vacant right now, just raw land. Do they not have to make adjustments to their property for drainage.
Expert:  Loren replied 1 year ago.

If the current owner has changed the drainage to flow across your land then you can exercise the same right.

Customer: replied 1 year ago.
They haven't changed anything yet. Basically I guess it is ok for all the water to end up on my land but not theirs
Expert:  Loren replied 1 year ago.

It has to do with natural flow.

Customer: replied 1 year ago.
Expert:  Loren replied 1 year ago.

You can still talk with the new owners and see if you can reach a compromise.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

Posted in error.