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I have a problem with an unreasonable neighbor, that lives…

I have a problem with...
I have a problem with an unreasonable neighbor, that lives directly behind us. He has an obvious water leak in his backyard, which is either in his sprinkler system line or another water line. There is a retaining wall with a fence on top of it, that separates our backyard from his backyard. Water has been leaking continuously into our backyard from his yard, for about the past 2 - 3 months, in the same area of his yard.
There are drain holes in the retaining wall spaced about 5’ - 6’ apart down the wall, and the water is continuously leaking out of one of these drain holes, and water even sometimes is running over the wall in this same area. There is a 4’ X 6’ area directly below this one drain hole where the water pours out, which stays soaking wet and is now basically a mud pit. We have a kids swing set with a mulch bed in that area of our backyard, and I’m concerned that it is going to become a health hazard, due to the constant mud which never dries out, and even has some fungus growing in the mulch now. I saw this neighbor tonight and let him know that it looks like he has some type of water leak in his backyard. His response was “no I don’t”. Then when I tried to explain why it appears that he has a leak, his next response was “whatever!”.To give you some background on what kind of person that we are dealing with...
This same neighbor also had climbed over our backyard fence several years ago, and started banging nails into our shared fence, from inside our backyard. Then, he also recently climbed over a section of this same shared backyard fence, into my next door neighbor’s backyard. This section of the shared backyard fence extends past my side fence line and is directly behind my next door neighbor’s backyard. He climbed over the backyard fence and started taking fence boards off of the shared fence and replacing some of the boards. When my neighbor saw him in her backyard, she went outside and asked him what in the world he was doing in her backyard, he told her that the retaining wall and the backyard shared fence is actually only on his property, so he can do whatever he wants to on either side of the fence and retaining wall. My neighbor told me that this is the second time he climbed their fence and went in her backyard. The first time that he climbed it into her backyard, she evidently caught him in her backyard adjusting her outside security light that is mounted on her wall by her back patio. She told him that if she caught him in her backyard again, she would either call the police, and that he was lucky that he didn’t get shot, climbing over her fence to adjust the outdoor security light on her house.Any thoughts about where I should start, to attempt to get him to have someone diagnose and repair the water leak in his backyard, that continues to flood our yard? His response to me tonight, when I let him know that it looks like he has a water leak in his backyard, was crazy, by saying “no I don’t” and “whatever”.Thanks for your help.
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Answered in 5 minutes by:
11/26/2017
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,136
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Call the city here if you are within city and have water company come inspect it.It may be unpermitted, see if you can get the city or county on his case.It is a potential health hazard.Likely he is intentionally doing this. You may also want to see if the police can help here.You have to keep trying to get someone to get this repaired or you consider a lawyer to sue here.This is a private encroachment and is damaging to your property.If you sue him his homeowners may offer to pay and settle.Your lawyer can try a demand letter with threat to sue in unresolved.

These are your next steps to resolve this.If it makes you feel better I have some neighbors like this.It is so frustrating.I am so sorry you are having to deal with this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,136
Experience: Texas Attorney for 30 years dealing in real estate
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Customer reply replied 6 months ago
Thanks for your help. Which city department would you recommend that I contact? Thanks

I would start with city water department about the leak and then the health department because there is a potential health issue.Good luck here and thanks again.

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Ray
Ray
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