Sounds like the water comes onto his new place, and if it rises high enough, it would come onto your place (before you built the berm).
So my question is, how is taking the berm out going to help him? Water will still come on to his place, and if you calculate the volume of water that you're keeping out compared to the volume of the flood basin, I'll bet it wouldn't make a half inch difference in the depth on his land.
This is assuming that we're talking standing water in a flood, not blocking a natural watercourse causing his place to flood (when it wouldn't have before the berm). If its a natural watercourse, then it seems like it would have flowed right on through your place too, without rising and threatening the buildings.
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