Texas Water Code § 11.086, entitled “OVERFLOW CAUSED BY DIVERSION OF WATER”, includes the following:
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow. […]
Texas small claim court can cover damages up to $10,000. That would be enough money to fix the issue. However, if you only get money damage, you have no right to build anything inside the family with pool, you can only build something on your property to diver the water.
So, you could shoot for the following two solutions
(1) getting a money damage judgement to fix the water on YOUR property, let's say the amount is X.
(2) Tell the pool family, they can fix the issue on THEIR property (hopefully for less than X amount), and you will not collect the damage.
德州风暴雨多, 小区造房子造游泳池都有规定, 自己房子周围的水应该由自己的地块解决, 一般是往屋前面水泥路上引水, 很多家庭有 french drain. 路上都有下水道口. 所以这里的路下暴雨后有时成了河. 最近有邻居新建了游泳池, 市里也来质量检测通过了. 但是下暴雨后隔壁两个邻居都发现侧面有太多的积水 (游泳池建之前没有这样深的积水). 如果滂沱大雨再继续下去很可能水会进到屋里. 游泳池地基明显高了, 那家人的水不是往前面排, 而是往两边排了. 两边邻居怎么样才能够争取自己的利益? 先在此谢谢了!
你要实在担心, 也花点钱加强排水 功能。
哦, 还可以买flood保险。 俺住Houston sugarland同学前几年洪水差点进门。
如果那家人不修排水设施,可以邻居自己先修了,找那家人要钱。
这里的Flood保险大都是政府 FEMA related, 没有其他公司愿意保的. 但是觉得同政府打交道希望不大
先找专业人评估一下情况,设计一个方案,最后谁出钱,看评估和方案决定。
这个问题有很多可能性,(1)游泳池家地面抬高,他们家的积水排到你们家;(2)本来两边邻居家的水从建游泳池家的地流走,游泳池的地面抬高,导致两边邻居家不能排水。
如果是第一个情况,游泳池家可能要花钱治理。但是如果是第二种情况,两边邻居家可能要自己治理。
所以不要先想法律,要先想一下解决办法,有了争议再来谈法律。
https://www.dummies.com/education/law/property-law-altering-how-surface-water-drains/
You have to find out what rule your state follows:
(1) reasonable rule (2) common enemy rule (3) civil law rule.
州法律不允许我家的水从别人家排的. 以前从来没有问题. 我家从雨后后院树叶mulch流向就可以看得出, 结论是不可能(2).
https://www.hop-law.com/has-a-neighbor-changed-the-flow-of-storm-water-onto-your-property-know-your-rights/#:~:text=When%20a%20neighbor%20causes%20water,the%20detriment%20of%20adjacent%20property.
Texas Water Code § 11.086, entitled “OVERFLOW CAUSED BY DIVERSION OF WATER”, includes the following:
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow. […]
Texas small claim court can cover damages up to $10,000. That would be enough money to fix the issue. However, if you only get money damage, you have no right to build anything inside the family with pool, you can only build something on your property to diver the water.
So, you could shoot for the following two solutions
(1) getting a money damage judgement to fix the water on YOUR property, let's say the amount is X.
(2) Tell the pool family, they can fix the issue on THEIR property (hopefully for less than X amount), and you will not collect the damage.
不理解你的想法。