Legal Advice?

[DM0329]

Hi All,

Although this post is not MS-related, I wanted to reach out to my MSAA Community for their input. Perhaps someone here can point me in the right direction, as I don't really have the money to hire an attorney. Unfortunately, this situation doesn't lend itself to any "free advice and/or attorneys" as I've been told in Pennsylvania. But I do feel that the neighbor is at some level of negligence in this matter.

Background: I have been living in my family home since the death of my father (2008). Since 2009, the house has been my primary residence. Upon learning of how he (my brother) may have to be my special needs trust administrator if we sold the house, my brother took his name off of the residence in 2014. I am the only owner now. This is my only asset, and I intend to sell it to pay for my long-term care, as it's a 3BR split level with stairs, and a leaky basement. I may pursue a Continuing Care Community after I can no longer live here alone safe, as MS is so unpredictable.

MY LEGAL PROBLEM: My neighbor, who is on an uphill grade from me (neighbor since 1976, although the son now is the primary owner of the house, as I am the primary owner of the downhill house). My parents built a wooden two-story deck attached to the house, in the late 1980's. Over the years of water flowing downward into our yard (from his sump pump pumping his water problems from underneath his house into his backyard) which then flowed into his two lower-lying neighbors' yards (mine and my other neighbor).

In 2014, his yard was leveled out "at the request of my brother and I" as he was getting construction done to his yard. Additionally, all homeowners that are on the left-side of the road that I live on, have their French drains (the piping) draining underneath my backyard. Consequently, his yard had to be rebuilt as there was a "clog" in the French Drain piping (which was replaced and cost my brother and I $3,000 in 2014).

However, I just learned of the sump pump in 2017, but I always heard my father complain about the up-hill's neighbors water problems draining into our yard. So, that run off is a combination of the natural waterflow PLUS the unnatural water flow (his sump pump dumping the water from under his house into his backyard, which then would flow into my yard). So, it's NOT 100% natural, a percentage of the water may have to be established from the sump pump damage.

However, a few years ago, I learned that there is a large amount of water draining onto the top of his backyard, from the woods directly behind his wooden shed in his backyard. The water flows into his yard, but of course, water finds its lowest point, so he waits a few days, and then will mow that side of his yard, after all of the water runs down into my yard. More water problems from this neighbor's yard: Is there anything that can be done to thwart the large amount of water coming down from the hill behind his wooden shed into my yard? I feel the shed is an "attempt at concealment" of all the water that flows down into his yard from the woods behind his shed Eventually, all the water flows down into my yard, and then under my lowest deck and maybe even into my basement.

Does anyone have any knowledge of homeownership and water problems from neighbor's yards. His "just wait" and gravity will take all of your water down into my yard, etc.? Can I approach him and ask that something be done about the large amount of water running down from the woods behind his wooden shed into his yard, which will eventually run down into my yard, and then under my lower deck. Water finds the lowest point, and unfortunately, this is the lowest point.

He is a healthy male, three years older than I, and makes six figures a year. He could maybe install something to route the substantial amount of water flowing from behind his shed into my yard. Perhaps that is why he has such horrible water problems from underneath of his house (his late father installed the sump pump in the early 1970's) that historically he has to pump water from underneath his house into his yard (we moved into the house next door in July 1976). "I'll never be able to sell this place" he states to me, when he shows me the large amount of water that flows from the woods behind his house into his backyard behind his wooden shed, which eventually flows downward into my yard, etc.

Help? What options do I have? Any ideas or tips for me? This issue doesn't qualify for "free legal" advice so I'm turning here in the hope that someone can point me in the right direction. This is a horrible double whammy of water problems, the water flowing from the woods behind his house, which may ultimately be the problem of the water underneath his house, which is why he pumps his water problems from under his house into his backyard as well.

Does anyone have any advice for me. I'm ignorant of what my options are, and I figured I'd start here as legal aid has no options for me as they don't help with free legal advice on an issue of this sort? Civil attorney is needed, I suppose? I am a 56 yo woman with SPMS on SSDI (120% FPL). I hope I explained my situation clearly.

Thanks for anyone who can chime in with their input and/or advice. 😇🙏🙂🤞

[NorasMom]

It's a longshot, but have you tried the township supervisors? If the neighbor doesn't own the woods, then he won't be held responsible for the water, and unless the water is affecting multiple houses I doubt the township will step in.

Also, while it may lower the selling price by a bit, you can sell your house "as is". As long as you're upfront about drainage issues, a buyer can't come back on you with complaints.

[DM0329 in reply to NorasMom]

Unfortunately, I have involved the township (the neighbor across the street, Tom, who sometimes helps me out with snow removal too. His mother said "he had to help me" after they found out that I have MS (but they were friendly with my late father). They also have family with MS.

So, Tom, the across the street neighbor, suggested that I go to the township, which I did. They said "that he isn't doing anything wrong" with the sump pump issue. So, at this point, I am hesitant to approach the township about this "other" water problem. But, I just don't know what to do? Ugh.

Thanks so much for your input. I greatly appreciate it! 😍👍

[NorasMom in reply to DM0329]

Yeah, if yours is like mine they won't step in unless a lot of houses are involve or you have the right connections.

[Peptink in reply to DM0329]

It would not hurt to ask the Township again. Perhaps they can point you in the right direction if they are unable to help. Best of luck to you!

[starlight5]

Check out the plat book at your township office and learn who owns the woods, it sounds like that is where the main source of water is coming from. If it belongs to the county or township it may be something they are responsible for. Good luck to you!

[NorasMom]

What about a local news crew? You could be their human-interest story! If they're willing to get involved, they could do a lot more digging for information, publicize your story, and maybe get some help for you. It's another longshot, but what do you have to lose?

[AquaZumbaFan in reply to NorasMom]

Great idea!! We have a local news station who takes on folks that need help. 🙏🏼

[Kit10]

It's hard to know what might solve this problem without a map/photos to see the lie of the land, where the slopes are, where other house are etc. It sounds like the real cause is water flowing down from the woods, and your neighbor is not really your enemy but a fellow sufferer. It sounds like the water he is pumping out of his basement comes from the woods - is that true? Could you and he unite against the owner of the woods?

Are there other houses that are affected by water flowing from the woods? Maybe you could get some other people from your side of the street involved too? You mentioned a neighbor on the other side of then man next to you...

Is there anything the owner of the woods could realistically do, like dig a drainage ditch to divert the water into a nearby stream, or clear out a ditch in the woods that has become blocked? Or were the houses along your street built where there used to be a pond or a stream? There may be no point trying to take action against the owner of the woods if there is nothing they could do.

If all else fails, could you and/or your neighbour plant willow trees, which are good at sucking up water from wet soil?

[Iona60]

Have you tried calling a realtor to list the house and see what they say? They may have a resource or an idea.

[mrsmike9]

Your homeowners insurance company may be able to help you. I would ask them. That would not cost you anything. You will no doubt have to file a claim to get them to investigate. Good luck.

[hairbrain4]

I agree the problem is starting in the wooded area. Who ever owns that property is more than likely responsible for the water in your neighbor's & your property. Your realtor should be able to tell you who owns the wooded property. They may also help lead you to the help you need to get the issue resolved.

[Humbrd]

Can he dig a canal for the water to flow in and maybe be directed towards a area where no ones house sits? In my state we have retention ponds. There have been many housing developments built on land that alway flooded after heavy rains. So they build large retention ponds for the water to accumulate. Since a retention pond would be too large what about a retention drainage canal? Kind of like a stream but deeper. Or a long deep water ditch. If water is getting under his home he may think about something like this to save his foundation. And then you would benefit from it also. So sorry you're having to deal with this. I hope you find a solution.

[kycmary]

Wow! I have no knowledge of what is or isn't in that area. I am praying for your situation. God can fix anything &everything.

[JohnHood]

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