Can my neighbor shed water on my property

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Can my neighbor shed water on my property

My neighbor has shedded water on my property and in heavy rain conditions the water runs on my property and remains wet for several weeks due to all the runoff from his property to my property. Is there something in Texas that prohibits him from doing so.

Asked on June 11, 2009 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, your neighbor cannot encroach on your property -- an argument could be made about the water.   A neighbor cannot prevent you from your quiet use and enjoyment of your property. Further, a neighbor cannot trespass or cause a nuisance. 

So, you need to talk to a lawyer (try www.attorneypages).  Further, if it is a Dept of Water issue (perhaps restrictions on run off, etc), try your local government to see if anything can be done.  Oftentimes, councilman's offices can help.


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