Oct. 5, 2009
Dear George: My neighbor redirected one of her downspouts in such a way that floods my house's back room. The downspout ends on her property, but its outflow has disrupted the drainage on my property. She refuses to discuss the problem and has behaved in a threatening manner toward me. What action can I take to protect my property?
Answer: This is a common problem in subdivisions. Each neighbor is responsible for his own drainage. A property owner can't disrupt the natural flow of water on another property or the larger flow across the subdivision. However, the cost of pursuing your legal remedies is usually more than fixing the problem. Before you talk to an attorney, call an engineer and see what it will take to fix the drainage on your property.
Dear George: I put an offer on a house that needs siding repairs and a paint job. According to my REALTOR®, the house will not finance through the USDA or FHA loan programs because of its exterior condition. Can I contact the bank, since the house is a foreclosure, and ask them permission to do the exterior repairs so that I can get the house financed? What are my other options?
Answer: You can contact the bank, but it's not likely the bank will have the authority to give you permission to do the work. Even though the bank owns the home, there are liability issues and workmanship standards. Ask the bank if you can do an FHA 203K loan. This type of loan allows you to borrow enough to purchase the house and make the repairs. You might also see if the USDA has a similar program.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
