Water drainage from adjacent property

[lipscomb]

we live in houston, tx and recently purchased a brand new home (5/29/01). during the recent heavy rains, our backyard flooded, and water came dangerously close to entering the house. the drainage system designed by the developer seems sufficient except for the fact that the property behind us (not owned by the builder) drained on to our property, and the drainage system could not handle the additional water volume. we are working with the developer to resolve. question: what is the legal responsibility of our developer to ensure proper drainage on our property when the runoff is coming from property owned by another party? what is the legal responsibility of the third party who owns the property draining onto ours? if our drainage problem is not corrected by either party, who should be held liable in the event we have property damage in the future? is there a time limit on how long the developer can be held responsible? thank you for your help!

 

[HomeGuru]

Both the developer and the neighbor are responsible. You can sue both parties if not resolved.
Call the Building Dept. and the project civil engineer for follow-up.