Houston, TX asked in Real Estate Law for Texas

Q: Can a townhome run their drainage into your yard? They changed the natural flow, elevated their side 18”, towards us.

Core of eng htold them they needed to fix drainage, they did not. Nobody folllowed up. Fast forward 20 years erosion has led to severe run off into our yards and floods our streets. They refuse to fix the drainage. They think because we have a utility easement in our back yard, that I do not own the property. I’ve had it resurveyed multiple times, but they just deny it. We cannot sue the owner, HOA, management co and every unit owner. Our foundation has failed, we’ve put in extensive drainage and it’s not enough. They have to fix their property. Please help, our HOA won’t lift a finger.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: I think you may have to sue someone, and it’s likely to be a fairly expensive lawsuit.

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