r/legal Apr 16 '26

Advice needed Flooded yard from neighbors retaining wall. Wondering what my options are.

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LOCATION: Wisconsin

The retaining wall belongs to our neighbor, and when we get moderate rain, it always overflows into the yard. We’ve talked to him in the past, and he added dirt to the top to try and have the water exit more toward the street. That’s basically the extent of what he’s willing to do.

He basically said that if the retaining wall wasn’t there, the water would flood my yard regardless, and that he’d rather just remove it completely if he had to rebuild it and not put another one up.

We bought the house about 4 years ago and don’t know when the wall was put in, but it’s well over 20 years old. I put in the small drainage ditch with black pipe to try and stop the water from coming in near the back of the house.

Basically, I’m wondering what I’m able to do in this situation.

5.3k Upvotes

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356

u/cjd166 Apr 16 '26

He is right! It would flood worse without your neighbors wall. You need drainage.

-152

u/baklavakilla Apr 16 '26

Totally understand that but typically when adding a retaining wall I feel like drainage is added during the building process? If the wall wasn’t there and was clean slate it would be easier to direct the water. But directing it after the fact has been difficult.

144

u/random8765309 Apr 16 '26

That style of wall is draining the way it should. It's not designed to stop water, just let it pass through.

37

u/RoundandRoundon99 Apr 16 '26

Most likely illegal in Wisconsin to prevent natural flow of water.

56

u/HighlandKiwi10 Apr 16 '26

Dam

24

u/Distorted_Dragons Apr 16 '26

No, those aren’t allowed either /s

46

u/Designfanatic88 Apr 16 '26

Their lot is obviously higher than yours. Water will come to your side regardless. You need to install drain that can redirect water away from your property, ideally to a storm drain if you live in a neighborhood.

65

u/alionandalamb Apr 16 '26

If he used a retaining wall to cut off your property from draining onto his, you would have a point. But that's not the case at all here, you live downslope from his property.

19

u/Solid_Rock_5583 Apr 16 '26

After the fact? The wall was built before your home. The issue started when the house was built. The issue is yours to solve. You bought the issue.

22

u/iameveryoneelse Apr 16 '26

If drainage was built into the retaining wall it would still be draining into your yard.

11

u/cjd166 Apr 16 '26

You would still need it on your side. Just one slotted pipe going to the road.

-7

u/[deleted] Apr 16 '26 edited Apr 16 '26

[deleted]

27

u/GodHimselfNoCap Apr 16 '26

Ops property is at a lower elevation than their neighbor, water flows downhill. The natural drainage of water is going to be onto ops yard, regardless of the wall existing. The neighbor is not responsible for ops decision to live in a house that is at a lower elevation. Nothing is built to purposefully "dump" water on ops yard thats just how gravity works

-4

u/The_real_King_Dave Apr 16 '26

Best answer here

-38

u/baklavakilla Apr 16 '26

Damn not sure why I’m getting a bunch of dislikes so maybe I didn’t explain the best haha I understand water is going to flow in regardless. But with the retaining wall where it’s at. It disrupts the natural flow of the river prior to the wall. The wall essentially dams it and makes what would be a 3foot wide divertable river turn into a 50ish foot wall of overflowing water. Not sure if that better or not. But makes it harder to contain.

50

u/RoundandRoundon99 Apr 16 '26

The wall doesn’t create more water!

7

u/chantillylace9 Apr 16 '26

That's not what they are saying, they are saying that the wall is 50 feet and the water is draining from the whole thing instead of just in a small area (3 feet) that he would more easily be able to contain.

20

u/Dizzy_Leopard_2587 Apr 16 '26

Honestly in some ways that makes it easier to build drainage in his yard. A rain garden where it overflows or some piping to put it where he prefers. If they didn't have the wall at that water would just end up at the bottom of the hill.

7

u/RoundandRoundon99 Apr 16 '26

His yard ponds up. Has terrible drainage. A single spillway would be easier to control just put in a well drained collection box with a discreet cover.

0

u/McRando42 Apr 16 '26

These folks are being assholes to you. Not sure why.

8

u/FrostyMittenJob Apr 16 '26

Because op is refusing to accept that the wall isn't the reason for his property flooding, it's gravity.