Neighbors yard leaking into my home through slab

[srmcin]

Water is penetrating into the ground level of my home. I had an inspector come out last month and he determined it was coming from the neighboring property. There is a vacant lot that backs up to my home. The lot has not been maintained and thus the grade level is above what it should be due to many years of built up debris. This is what is causing water to come into my home through the slab everytime it rains.

I have spoken with a lawyer who said that the Statue of Limitations has run out on this because the original problem happened over 2 years ago (Texas). Another lawyer I spoke with told me that if the problem is currently persisting than that SOL doesn't apply. The reason I didn't pursue earlier is because I couldn't determine how the water was getting into my home. My HOA told me that it was from a roof leak.

I have spoken with the neighbor who denies any responsibility and refuses to call her insurance and file a claim. Rough estimates to repair her property is between 10K-20K.

More info: I live in a small complex of 12 homes, there are 2 other homes that also back up to this property but they haven't seen any water in their homes. My home is the closest to the street so this may be why.

Please please please someone help...I'm desperate to get some help or I will have to foreclose on this home and move because I can't afford 10K-20K. I've already lost about 30K because of this problem.What is the name of your state (only U.S. law)?

 

[justalayman]

I suspect it isn't the neighbors lot as much as it is improper grading of your lot. If your builder did not grade your lot properly, you will have problems no matter what the neighbor does. In that same vein, if your lot were graded properly, you could have a lake next door and not be affected.

 

[srmcin]

maybe I explained it incorrectly

My lot is graded correctly. The neighbor's lot has many inches of debris built up over decades because of lack of maintenance. Therefore when it rains, water is soaked into the debris and flows into my home through weepholes.

 

[justalayman]

weepholes?

Since water runs downhill, how do you suggest the water climbs from the edge of your property up to a point is affects your slab house if your lot is graded properly?

How far are you from the lot line?

 

[srmcin]

Its a zero lot line.

I'm definitely not an expert in this so I can't explain the dynamics, but I've been told from several contracts, lawyers, inspectors, landscapers that this is from her property.

The weep holes are in the slab, again I'm not really sure how it all works.
The water isn't going up, going down. Her lot is way too high, over several course of bricks on the outside of my home.

 

[justalayman]

From your description of the situation, I suspect it isn't weep holes in your foundation but weep holes in the lowest course of brick which is supposed to allow moisture that collects in the wall to be allowed to drain out. Sound like what you have? and what is likely being referred to?

and to clarify: by zero lot line, you are stating your building rests on the actual lot line? If so, how can you state your lot is graded properly? There is no lot to grade. Not trying to argue the point. Just trying to put those two thoughts together and they don't fit very well. Were you referring to your lot on the other sides of the house being graded properly? If so, it makes a lot more sense.

Ok, now that I have a very different picture of the situation in mind. I was picturing this sprawling ranch with a big ayard and nothing like it appears to be in your situation so;

Has this always been a problem or is there a time you can somewhat point to as when it started?

Has it worsened over time?

To start with, you have a duty to mitigate your damages. That means you have to take any action you can to reduce or prevent continued damages once you are aware of the problem. If this has been ongoing for some time without you discovering the cause, it becomes difficult to claim the neighbor is liable for something they were not aware of and as such, did not have the opportunity to remedy the problem.

 

[srmcin]

Yes your description sounds correct about the weep holes in the lowest course of brick. This is what the inspector told me.

You are correct. I am referring to my lot on the other side of the house being graded properly. I'm in a complex without a yard, so the wall of my home sits on the zero lot line, against my neighbors empty lot.

The first sign of the problem was after Hurricane Ike in Sept. 2008. Like I said I was not told where this water was coming from as the HOA said it was roof damage, so that is why I didn't pursue anything before.

The problem isn't really getting worse since the hurricane, but everytime it rains a substantial amount, this is when the water is seen.

 

[justalayman]

Now that makes a lot more sense. I was consumed by my stereotypical idea of Texas and huge open areas. My fault there.

I now have no doubt you are likely correct that the water is infiltrating your walls due to the situation as described.

I think it would be a tough call on the statute of limitations issue. For the damages beyond the sol, they would likely have a valid defense. For any damages within the sol, they still might have a defense that once you were aware of water intrusion, it was your duty to discover the cause and attempt to rectify the problem then. If this has been going on over 2 years, your discovery of the true cause would have removed at least some of the damages you have incurred so in effect, you allowed your property to be damaged and did not take action to remedy the cause.

I'm not sure you could make a valid argument that the neighbor is in fact liable for the damages, at least any that are within the statute of limitations. Not sure that you couldn't either though.

So, what to do.

At least concerning the cause of the damage, namely; the dirt.

HOA's can often have a lot of control. You might address the HOA concerning your newfound discovery and seek their assistance, via association rules, to get the neighbor to remedy the problem. They aren't going to help with the damages issue but you need to get the cause taken care of ASAP. I would think you would have some rule related to causing harm or damage to a neighboring property.



Then, if you cannot get any traction through that path, while this may sound kind of wacky; you might consider hiring a kid with a shovel and get the neighbors dirt away from your house. Regardless of whom might owe anybody else, you really need to address the actual problem to stop continued damage. I would suggest removing a pathway a couple feet wide, at a minimum, to a level just below your grade level.

Obviously you would need the neighbors permission to do this.

If they refuse, it might actually be a good thing. I believe that would allow you to sue for any damages incurred after the request, at least, as they have not only refused to remedy the problem but they have refused to allow you to remedy the problem which will cause you additional damages.

Then, as well, if they do allow you to remediate as such, if the dirt washes back in, it does become a new situation which means any damages after that point are valid claims.

If you don't want to hire the kid, you likely have a valid claim to demand the dirt, at least enough to remedy the immediate problem, ordered to be removed by the courts. It's likely the kid would be cheaper though.

If you cannot get any action by the neighbor either through request from you or via the HOA, you have little choice but to sue. If you do, I would surely include the existing damages and let the neighbor present a statute of limitations defense if hey choose but I surely would not not include the damages because they might have such a defense.

 

[srmcin]

Wow, this is a real mess, huh?

Yeh I'm in Houston and live in one of the oldest neighborhoods. I did speak to my HOA and they said it was the neighbor's responsibility. The neighbor says its their responsibility.

I do have the by-laws to my condos, but they don't cover much, if anything (from past experience). The by-laws were written in '67 when the condos were built and probably have never been re-visited.

I've been living this nightmare for 2-1/2 years so I'm not sure if I'll ever get any money back that I've lost. My priority, though, is to fix the problem so I don't lose my tenant.

I've lost about 30K already, I can't afford to pay out of pocket to have this problem fixed. What do you think my chances are of winning small claims (max $10K)?

Like, I said, this is Houston, and we get a lot of rain, and a lot of heavy rains, especially in the Spring and Summer, so time is of the essence.

If I were to hire the kid, like you said, and the problem was temporarily resolved (meaning my tenant doesn't see any water coming in during hard rains), would I still have to disclose this when selling my home? That is my ultimate goal - to get rid of this money pit.

 

[justalayman]

srmcin;2759988]
I've lost about 30K already, I can't afford to pay out of pocket to have this problem fixed. What do you think my chances are of winning small claims (max $10K)?

well, you do not have injunctive relief available via small claims court in Texas so the court cannot order the neighbor to remedy the problem. The problem is what can you sue for. You can take a shot at the damages but you are still left with the dirt against the house.

If I were to hire the kid, like you said, and the problem was temporarily resolved (meaning my tenant doesn't see any water coming in during hard rains), would I still have to disclose this when selling my home? That is my ultimate goal - to get rid of this money pit

I would suggest most likely it must be disclosed as there could be hidden damage within the wall caused by this. If it was discovered you were aware of the water intrusion and failed to disclose the issue, there is a great possibility you could be held liable for the cost of repairs or even a rescission of the sale.

You might consider paying a lawyer to write (as another poster coined it) a nastygram to the neighbor demanding the issue be remedied or face the possibility of additional actions. Sometimes the threat, when written by a lawyer, is enough to stir some level of action in the other party. Sometimes such a threat is also simply ignored. It would be a relatively inexpensive action in either case.

 

[srmcin]

That's what I figured (about disclosing). The inspector that came out last month did do a mold test and that is fine, so there really wouldn't be any other damages I can think of. I've already lost the hard wood flooring and put down tile because of this, so luckily the flooring won't be damaged again.

Maybe if/when I have the kid go dig up her yard it will look really unattractive and it will prompt her to re-grade the lot herself. I can wish anyway.

Thanks for all of your help, I've been pulling my hair out for 2-1/2 years now because no one seems to be able to help.