Neighbor痴 run off

[two_bit_score]

Got my neighbor's feathers fuffled. A little back ground. He lives at the top of the hill and my home down hill. After he built a room addition and new gutter arangment, I get a river flowing down my drive when it rains. This river ruts my drive and floods my parking area. His house is on the upper side of the private gravel road. His down spout aims towards the gravel road only he and I share. During a recent rain storm I put on my rain coat and head up hill. Get to the top and I see where most of all this water is coming from, his down spout. Previously, I had made "speed bumps" at angles to divert water off to the side. But with this river, it would breach it and go on down. A few weeks back, I took my tractor and "scratched" a small ditch along the upper side of the road. I phoned him and left a message that I was working on a drainage ditch to keep the run off off my drive and that we should talk about how to complete the project. He has a utility garage drive that enters the drive. Looks like a place for a colvert?? Well today I get a letter from his lawyer.

Starts off saying it is illegle for me to build a ditch. And that I'm sending water on to his property! It's his water being kept on his side of the road. The lawyer has no idea how crazy his clients concepts of water flow are but..
there is no suit just appears to be some threat. Then this letter goes on to state that the road needs to be moved to get back on the center of the easement. (now I'm thinking he getting to the real point.) Road has been there for many many years. I have 3 ac and build right in the center. He has 15 ac and builds 15' from the road! It is lake frontage so I can see he wanted the best view from his land.

So question, does a fella have a right to stop anothers run off from crossing a road and flooding mine? Ditches expected? and his responciplbility to put in a culvert?

Sorry so mesy a post just burning made

Patrick T

If you really want to know what to do get a local lawyer and find out. Then go ahead and do what you need to do, just be prepared to address any consequences.

 

[2manyrocks]

But that was his doing, not yours.

I had a neighbor once who I helped out a lot, fixing his computer, helping work on his house, etc and then one day he decided to make a mountain out of a molehill because my cat walked thru his yard, and he hates cats. His loss, he wasn't helping me out constantly like I was helping him.

There are those "friends" who are friendly so long as you give, give, but you don't see much in return from them. Usually a good sign that you should find some other friends who are giving in return.

Some lawyers can settle things faster than the parties themselves, but then there are those who want to keep the dispute alive so they can keep billing. Hard to say how it would work without knowing the personalities involved.

 

[Taylortractornut]

Im glad I have good neighbors. Diverting his runnoff down the road is illegal to say the least and if it washes your road away and causes an accident hes completly liable. Road building has alot of issues with this but we have alot of trouble with new construction folks dont take into consideration the ammount of water a hill sheds or a roof or gutter can put out. Your neighbor showed his inconsideration/ ignorance by sending his water onto you and the road.

 

[beppington]

Im glad I have good neighbors. Diverting his runnoff down the road is illegal to say the least and if it washes your road away and causes an accident hes completly liable. Road building has alot of issues with this but we have alot of trouble with new construction folks dont take into consideration the ammount of water a hill sheds or a roof or gutter can put out. Your neighbor showed his inconsideration/ ignorance by sending his water onto you and the road.

Hey there's a possibility; Say to him something like, "I sure hope your water run-off doesn't rut the road & cause a car accident. I hear there's liability involved in that." Maybe even, "That would sure be bad if me or my wife got hurt."

This way you haven't actually stated anything, no facts, no opinions, nothing, just a couple sentences to get him thinking thought.

 

[Paddy]

Inveresk

The problem is it's a summer house for him and I don't see him much. And he's a doctor and does not answer is hard line, just cell. Just not very approchable.

We have a friend that is a realstate lawyer, not to say free, but won't drag it on. My letter of reply is going to factual and to the point. But I'll end it very politely that I'd prefer to work it out neighboor to neighboor. I'll throw in something like, "I felt we had a good neighboor relationship and would like to see it return to that".

He won't be able to do anything about the road if I don't agree and I reply I don't think he has the right, unless the court grants him the go ahead. He has a surveyer coming out to find all the pins. I know where they are so that is making it look official. There are so many differnt description of the road. All I seen to date were entered after my property was devided. Not not sure it is even enforcable. I think the real issue will be; he was the last to build and bought his property with the road where it is.

 

[tallyho8]

Laws vary so much by region and land use. In our area all subdivisions are required to have their lots raised higher than the streets and sloping toward the streets for their runoff.

 

[brin]

There are those "friends" who are friendly so long as you give, give, but you don't see much in return from them. Usually a good sign that you should find some other friends who are giving in return.

Some lawyers can settle things faster than the parties themselves, but then there are those who want to keep the dispute alive so they can keep billing. Hard to say how it would work without knowing the personalities involved.

" There are those "friends" who are friendly so long as you give, give, but you don't see much in return from them "

I'm sure glad someone else has run into neighbors like that...so true !

 

[2manyrocks]

Somewhere in Proverbs, there is a verse that goes like: "The leech has two daughters--give, give, they cry. " So I believe the author of Proverbs experienced this, too.

For supposedly intelligent people, doctors can sometimes act not so intelligently.

 

[impdaddy]

Isn't it a sad state of affairs when ppl are so dang hard-headed that they can't be "neighborly". Some are just flat out bullies who think that since they have been there longer than you that they are right. Getting the lawyer is a move that will escalate the dispute but it seems that it is the only way to combat the neighborhood bully. Being legally correct is a heck of a lot better than just ' being right'. I am dealing with a 'neighborhood bully' right now, have hired a lawyer and am ready to go to the mat. What a waste of money. Have tried the 'visit' approach, got nothing. The heck with it. I am Mr. Hatfield and he is Mr. McCoy. Let the good times roll. There is no way he is going to screw up what me and my wife worked so hard to acquire.

:thumbsup::thumbsup::thumbsup:

 

[bc realtor]

At this point good intentions can be miscomunicated. It's time to lawyer up!!!!