Helpful neighbor!

[Midniteoyl]

Bad juju in this neck of the woods stopping or changing water flow across your property and or diverting it differently onto someone's place.

Mark

:thumbsup:

 

[Shield Arc]

While solving a mutual problem, it really should have been cleared first...

Of course, the judges order kinda makes it moot now, but it does show some back story to this mess..

I diverted the water a year or two after she sued me for adverse possession. It took almost 4-years to get her in court after being served papers.:shocked:

When we bought the 5-acres, before it even closed she called and left a message. The wife called her back. Neighbor lady wanted to know what we were going to do with the 5-acres. My wife explained we bought it as a buffer, didn't want anybody moving in on top of us. She replied, "thank God! When I bought my property in 1980 they explained to me the north property line is right out my back door. I've been scared to death all these years someone would by that property and build right next to my house". Wife assured her we had no plans to build on it. Now go back to post #19. That was 13-months after buying the property. She trespassed 250-feet north of her property line. Only mistake we made was ever buying that 5-acres!

 

[RockyMtn.Hillbilly]

Shield Arc, I think you already answered your query on what to do with this mess.

Her sewer is not to code. Where does YOUR water come from? Ok, she's lower than your place, but what about the adjoining 5 acres? Her sewage will compromise ANYTHING it seeps to. That's a given.

Have your lawyer research this and consider making her an offer- sell the place for pennies on the dollar to you and she moves out immediately, or someone makes a report to the county and state health. The complications of ground water contamination are immense, Shield Arc. Now we're talking not just the county health, but state as well. Then the EPA may be interested. The state Department of Environmental Quality (or the Washington equivalent), then state Fish and Game (since there is a live stream the seepage will affect), and if any nationally protected aquatic inhabitants (fish, frogs, snails, worms, etc) are at risk, the US Dept. of Fish & Wildlife Services, then the USGS, POSSIBLY the USFS and BLM and any other government agency that has anything to do with anything that may be in contact with the contaminated water. Dude, I'm not joking around- this is some very serious crap. So either she sells out dirt cheap or she can lose far more than just everything.

I suggest you find a hydrologist or a civil engineer that likes beer and after a simple "trade" see is he can advise you. Certainly, before buying anything, consult with one of those two. There is a chance that if the contamination is already bad enough, you can do yourself some major world of hurt buying her rat shack.

Man, when you start messing around with ground water, that's a beast of a whole new species.

 

[Shield Arc]

Believe it or not all that water comes from a spring on the 2 1/2-acres north, (up hill) of me:shocked:. You may or may not have heard the rumors...... We get a fair bit of rain in the winter here. Oh he!! we get rain all year around! It's trying to rain right now!
That year around creek on her east end runs into a salmon creek on the other side of the freeway west of us. The county watches these little creeks pretty good, but try getting anybody in the local government around here to do their job.

 

[Midniteoyl]

I diverted the water a year or two after she sued me for adverse possession. It took almost 4-years to get her in court after being served papers.:shocked:

When we bought the 5-acres, before it even closed she called and left a message. The wife called her back. Neighbor lady wanted to know what we were going to do with the 5-acres. My wife explained we bought it as a buffer, didn't want anybody moving in on top of us. She replied, "thank God! When I bought my property in 1980 they explained to me the north property line is right out my back door. I've been scared to death all these years someone would by that property and build right next to my house". Wife assured her we had no plans to build on it. Now go back to post #19. That was 13-months after buying the property. She trespassed 250-feet north of her property line. Only mistake we made was ever buying that 5-acres!

I understand .. Now, crazy or not, see her side. She was there for 20 years. The place always flooded and was always overgrown. She was prolly told 'dont worry, nobody can build on that land as it is'. You move in and start clearing the brush. She jump to the conclusion that you are clearing it to build, her worst fear about the property. And to be honest, it does seem that way. Thats the reason she freaked out asking about cutting trees. She calls a lawyer (or someone) and hears about Adverse Possession and figures she would try that in order to keep you from building. After all, she's been there 20 years 'taking care of the place'. Anger grows, you divert the water making it look like you are trying to develop the land again (in her eyes) and viola, you're at were you are now.

 

[Old Virginia Joe]

Shield Arc, I think you already answered your query on what to do with this mess.

Have your lawyer research this and consider making her an offer- sell the place for pennies on the dollar to you and she moves out immediately, or someone makes a report to the county and state health. The complications of ground water contamination are immense, Shield Arc. Now we're talking not just the county health, but state as well. Then the EPA may be interested. The state Department of Environmental Quality (or the Washington equivalent), then state Fish and Game (since there is a live stream the seepage will affect), and if any nationally protected aquatic inhabitants (fish, frogs, snails, worms, etc) are at risk, the US Dept. of Fish & Wildlife Services, then the USGS, POSSIBLY the USFS and BLM and any other government agency that has anything to do with anything that may be in contact with the contaminated water. Dude, I'm not joking around- this is some very serious crap. So either she sells out dirt cheap or she can lose far more than just everything.

IANAL, but I'd be careful with what you're suggesting there. I think that's called extortion (think that's the right word?)! When you threaten her like that, I'm afraid you're going to put your neck in a noose!

 

[lilranch2001]

No matter what it is called, it is bad form....

 

[Midniteoyl]

IANAL, but I'd be careful with what you're suggesting there. I think that's called extortion (think that's the right word?)! When you threaten her like that, I'm afraid you're going to put your neck in a noose!

Agreed.. "sale or I call" is extortion..

 

[Shield Arc]

When she sued me for adverse possession my lawyer begged me to turn around and sue the guy I bought the 5-acres from, for breach of contract to recoup my pending legal fees. I refused to do it, I don't do business that way! No one will ever convince me he knew she would sue. I'm a big boy, I'll take my lumps, but refused to drag an innocent man into a law suit.
He lives in Alaska, before I had my shop built I wrote him a letter and asked if I could cut down some alder trees on the north east corner of his 5-acres so they wouldn't fall into my shop, which is on the south east corner of my 2 1/2-acres. 98% of our bad weather comes out of the south. He replied no! He actually showed up when the shop was being built, I showed him the trees, but he never said I could cut them down. Few years latter the alder trees got bigger, and I got nervous, so I called him and asked if I could please cut those alder trees down. He then gave me permission to cut them down. I asked him if he wanted to sell the 5-acres, he said no. I told him if he ever changed his mind to let me know. Few more years latter another neighbor told me he was selling his 5-acres. I called a real estate office said I would buy it. The real estate agent lived close by said he was going to stop by and look at the 5-acres before going home. I told him to bring the papers for me to sign. Latter I called the guy in Alaska and told him I just signed the papers to buy his 5-acres. He was surprised, someone told him I had moved, other wise he would have called me. Week or so latter my real estate agent called me said the listing agent just called him madder than he!! The 5-acres got into a bidding war:shocked:. But the guy in Alaska said he wanted me to have it for the asking price. The listing agent could see his commission shrinking:laughing:. But I got the 5-acres for the asking price. Sometimes it pays to be straight up with people.

First picture is the shop, second and third pictures are of the shop and equipment shed, the equipment shed is on the 5-acres.

 

[Midniteoyl]

Ya.. suing the the PO would have been bad form.. no way to prove it even if he did know she would.


'Course, we know who told him you moved