Questions about pond

[Pleepleus]

What is the name of your state (only U.S. law)? Texas

A pond is located on approx. 1/4 of my property and 3/4 of the pond is located on my neighbors property. The dam is also located on the neighbors property. The pond is located within the city limits.
Due to changes in the weather and the ever changing terrain the pond now floods my property anytime it rains. The neighbor says that it is too bad as the pond has always been there.
Do I have any rights over the maintenance of this pond since part of it is located on my property? I would like to put in an adequate spillway.
Due to the ever standing water my septic system is not working properly. The lateral lines stay underwater for weeks at a time. I am sure my sewage must be leeching into the water which is not good for our environment and illegal.
I am also concerned about legal liablility if someone was to drown. Neighbor now has a boat, sitting unlocked, on the shore for anyone to have access to. Neighbor says if someone drowns we are both liable.
What are my options? Thank you in advance for any and all advice.

 

[drewguy]

Tell him to remove the boat if he claims that you would be liable if someone drowns using his boat on your shared pond.

As for the pond itself, why couldn't you create a spillway? The pond has been artificially created through a dam. Let's assume for a minute (which isn't necessarily the case) that over time he's acquired a prescriptive easement to maintain a dam that causes ponding on your property. That would not also create a right to cause flooding of your property through damming of the pond.

Now, can you demand the removal of the pond? Perhaps. One approach would perhaps be to install a berm along the property line so that the ponding occurs entirely on his property (this may not be physically feasible). Another would be to sue him to remove the dam so that there is no more ponding on your property (he can keep it on his). His argument would be long-time use and hence prescriptive easement. Your argument is that the pond was always by permission/agreement, and you're revoking permission. Without more facts it's impossible to know who has the better argument.

 

[xylene]

You need a lawyer, like years ago.

YOU face serious penalties for your non compliant system.

Not your neighbor - even thought the flooding is his fault.

This should be lighting a massive fire under your buttocks to get this matter into the legal system.

His argument that "the pond was always there" is total B.S. since it is 100% man-made impoundment...

His claims that you share liability equally are also B.S.

Here are the facts.

Your neighbor is flooding your land with his dam.

HE is damaging YOU.


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Get a lawyer. These kinds of pond suits are common and laws govern them well, so it is going to be a lot easier than you fear to compel the neighbor to remove the impoundment, reduce it so it doesn't encroach on your land, or maintain the spillway properly to produce a satisfactory water level.