Here is a picture of the Plot for more information

Here is a link that might be useful: www.ultimatehomestead.com

So, drainage from lot 7 was ponding on both lot 7 and your lot? and the answer was for you to mitigate, not the owners of lot 7? Further, the mitigation required simply moved the water to your back yard, and then where was it supposed to go? No place for it to go, so now it is ending up on lot 5?

I know nothing about laws or engineering, I freely confess, but this all seems totally illogical to me. Seems it was the problem of the developer and county engineer to fix. How can it be okay for the roadside drainage to regularly flood your property? or the drainage from your neighbor's lot, for that matter, for if it is wrong for your drainage to end up on lot 5, isn't it equally wrong for 7's drainage to end up on yours? Why didn't 7 build a drain to the ditch?

Thank you both for responding. pls8xx I definitely appreciate your thoughtful and informative post and the time you obviously put into it. In re-reading my post I don't think I did a good job of describing that a majority (I would estimate around 80+%) of the water going through the swale is from the road ditch overflowing and creating a channel. There is drainage coming from lot 7 that would settle on the SW corner of my lot and NW of lot 7. I don't mind a little mud in the corner of my lot during the wettest time of the year.

If the road ditch wasn't overflowing I don't think I would even have running water in the swale but rather just pooling.

On option it would seem to me is to build up the edge of the drainage ditch to ensure that the water doesn't flow over the edge and continues further down the ditch to the drainage easement.

To help out lot 7 a bit more I could lower the grade in the corner of my lot and make a rain garden, but I'm afraid that will encourage the road ditch to further channel water into my property.

For additional information, all lots here are in flood zone x and lot 5 is lower than lot 8 (mine).

MTguy, what I'm saying is that you may not have caused the water to pool on the corner of Lot 7, but you have no way to prove that at this point in time. You need to lower the grade along the property line with Lot 7 so that the pooled water can flow onto your lot and then to the road ditch.

Water in the road ditch is on the county road right-of-way and is the responsibility of the county, not you. I see no obligation for you to allow the road water to cross your property. By digging the swale you opened yourself up to a lawsuit from Lot 5; one that you will likely lose.

If the county approved an inadequate plan for drainage, it's a problem for the county and the developer to work out by regrading / enlarging the road ditch and or constructing a drainage ditch through the drainage easement between Lots 4 and 5.

And one more thing ....

In the original post you said " When the county inspectors saw the water there (possibly after being called by the neighbors) they required me to put a swale in my yard going from the front of my yard along the side and all the way to the back yard (light blue in the drawing)."

You will have to post a copy where the county required that swale before I'll believe they did so in writing. I suggest you look those county inspectors up. Tell them the Lot 5 owner is complaining and you want the county to give you something in writing where they requested you build the swale. Don't hold your breath waiting, it won't happen. If there are consequences for that swale the county will deny any involvement whatsoever.

It's funny that you mentioned that the county would deny it. That's exactly what they did when Lot 5's owner called them. It took a second call from Lot 5's owner before the county "remembered" them requiring it. Then they decided that since they did not design the swale they didn't have any way to solve the problem. I'm fortunate in that neither neighbor are looking to litigate (at least that's what they have said) and want to work together to come up with a plan that works for all of us.

The pooling on lot 7 and mine would have to go uphill to enter the ditch and would have before any dirtwork was even done there. Fortunately, I have pictures (somewhere on my phone) of the pooling before any dirt was disturbed if that comes up.

It's all still a work in progress which is why I was hoping to find a landscaping solution or combination of solutions. Hopefully, we'll all be one happy neighborhood when it is all said and done. I also think that the developer is already having to fix some other issues with drainage in the area, so that may be a small amount of ammo for me should I need it. Thanks again for your advice.

Does anyone have any ideas about whether or not my ideas for slowing the running water down would work?

Speaking from experience in both landscaping and the political world related to planning boards/construction approvals/contractors, SMTguy, it sounds as though you are on the receiving end of "the good 'ol boys run-a-round." Do not spend another penny on this project until....

1. You and your neighbors request a meeting with whomever is in charge; county manager or town supervisor or mayor, etc.

2, Also, request that the town engineer, the town building supervisor, the planning board chairman, the contractor and the owner of the business doing the land moving/grading be present at the meeting.

3. Further, request that the town engineer review the original approved drainage plan with you and your neighbors and give you the opportunity to discuss the current problems and explain that you are seeking relief.

If you are able to arrange such a meeting...Congratulations!
If no action is taken by your administration to arrange such a meeting then it is time to talk with your attorney.

This is not your problem. It is the result of poor planning and poor execution during the land clearing stage. Hopefully the above mentioned group will be able to provide a solution satisfactory to all.

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Hi there, your discussion was a while ago and I hope this finds you despite of that.
What ever happened with the situation and your Problemisolierung am in a similar situation, our house lies between 2 properties and the architect had built our home after digging a swale like yours - almost identical. The only problem we have is that the guy to the right started digging a trench from his down sprouts directly into our ditch, disrespecting the property line and the natural flow of doctrine. Though he claims he has prescriptive easement. After failed discussion and us planting to slow down his river coming at us, we ended up getting sued.
I’m just curious if you had better luck!