Flooding Culvert Clog - neighbor faux pas?

   / Flooding Culvert Clog - neighbor faux pas? #1  

big e

Silver Member
Joined
Feb 20, 2010
Messages
100
Location
outside columbus, ohio
Tractor
L3130 Kubota
Howdy, have not posted in a long time but thought this would be the perfect place to toss this questions out...
Big rains + emerald ash borer = my 8 foot culvert is jammed with tree trunks and branches galore. If I cut and clear it and float the material through my culvert I would send all the wood downstream (eventually) to my neighbor who has a pair 54 inch culverts. I have no practical way of lifting the logs 15 feet up to where I could deal with the debris with my tractor at my culvert. My neighbor is well to do and has equipment galore and a hired caretaker etc.
So here is the question... as a good neighbor should I let them know that if I cut this material, it is (eventually) coming their way? Should I offer them the chance to remove the crap from my culvert thus helping us both? Am I ethically in the wrong to send a jam down to my neighbor? (Before I put in my culvert all of that would have ended up at theirs anyway)
Other info:
Their culvert is maybe 1/4 mile from mine. I don't think they own a grapple so something would need rented.
 
   / Flooding Culvert Clog - neighbor faux pas? #2  
1/4 mile away is mighty nice of you for warning. Why not? He might have some other ideas or equipment that could help you out, and him too!
 
   / Flooding Culvert Clog - neighbor faux pas? #3  
Best bet IMO would be to meet with you neighbor and discuss: Here is my problem, I need to solve it, but it may impact you, how do we win win?

My JERK of a neighbor just decided to cut down ALL the trees on our shared fence line, now we are looking into each others homes literally. [background: My ranch house was the hq for a cattle ranch, when the owners daughter got married he gave her the home and built a new home next to it. Time goes by, things change, ranch sold and old owner dies, home sold and fence goes in, trees grow.] Even my neighbor admits it was a mistake by what is done is done and how stupid was he in thinking this was a smart move with our homes so close together. The result has been not good for either of us.
 
   / Flooding Culvert Clog - neighbor faux pas? #4  
My JERK of a neighbor just decided to cut down ALL the trees on our shared fence line, now we are looking into each others homes literally. [background: My ranch house was the hq for a cattle ranch, when the owners daughter got married he gave her the home and built a new home next to it. Time goes by, things change, ranch sold and old owner dies, home sold and fence goes in, trees grow.] Even my neighbor admits it was a mistake by what is done is done and how stupid was he in thinking this was a smart move with our homes so close together. The result has been not good for either of us.
I know the feeling. I have a nosey neighbor that seems to be setting at a window with binoculars all the time. I inadvertently solved the problem before I discovered how nosey they were when I built my 30x52 shop between my house an his. It blocks almost all his view of my house. He also has a couple of sheds that are situated just right to finish off the view blocking. With all that, I can pee just about anywhere I want without being seen if I want.
 
   / Flooding Culvert Clog - neighbor faux pas? #5  
Best bet IMO would be to meet with you neighbor and discuss: Here is my problem, I need to solve it, but it may impact you, how do we win win?
This is the best solution if you can get the guy to meet with you. If he cant take the time to meet, then just get rid of your problem and let him deal with the consequences.
 
   / Flooding Culvert Clog - neighbor faux pas? #6  
Howdy, have not posted in a long time but thought this would be the perfect place to toss this questions out...
Big rains + emerald ash borer = my 8 foot culvert is jammed with tree trunks and branches galore. If I cut and clear it and float the material through my culvert I would send all the wood downstream (eventually) to my neighbor who has a pair 54 inch culverts. I have no practical way of lifting the logs 15 feet up to where I could deal with the debris with my tractor at my culvert. My neighbor is well to do and has equipment galore and a hired caretaker etc.
So here is the question... as a good neighbor should I let them know that if I cut this material, it is (eventually) coming their way? Should I offer them the chance to remove the crap from my culvert thus helping us both? Am I ethically in the wrong to send a jam down to my neighbor? (Before I put in my culvert all of that would have ended up at theirs anyway)
Other info:
Their culvert is maybe 1/4 mile from mine. I don't think they own a grapple so something would need rented.

I suspect that there is an existing drainage easement on your property, either private or public. In any case you are probably under the legal obligation to maintain the easement, i.e., mowing, clearing debris, etc. I would suggest you contact an attorney experienced in such matters, just to know where you stand before contacting your neighbor, if time permits.
 
   / Flooding Culvert Clog - neighbor faux pas? #7  
I suspect that there is an existing drainage easement on your property, either private or public. In any case you are probably under the legal obligation to maintain the easement, i.e., mowing, clearing debris, etc. I would suggest you contact an attorney experienced in such matters, just to know where you stand before contacting your neighbor, if time permits.
I am not going to disagree that maybe should be done, but its certainly not where I would start...you come down to my place and start the conversation with: I talked to my attorney and ...

That is NOT the road to getting things done and keeping a civil neighbor working relationship.

A corner of my fence was built onto the property of one of my neighbors and it was not discovered when I bought the place, but later when I did a refi to a lower rate. The amount of land was about 47 sq feet...not much you say except even out here where I live land is selling by the sq ft and live water property is selling for as much as $250,000 per acre UP ++. So instead of going to see a lawyer and sending him a letter etc, I just called him on the fone and asked him to meet me at the fence. He did, I showed him the new survey and asked if he would sell me the sq footage, I offered at price based upon $25k per acre for it...he laughed and said its YOURS! We did do a contract and for those purposes the sale was "for $1.00 plus other considerations"...he did not even want the $1, but I gave him a 6 pack instead.

Sure this may not always work, but IMO its where you start, you can always get a lawyer involved. In this case it was recommended to me to have the land RE SURVEYED to confirm, the hire a lawyer to send him a letter stating the fence which was build back in the 60's buy mutual agreement of the original owners yadah yadayh would be covered by the domain clause and yadah yadah. The cost for new re survey and legal fees would have added up to about $2500 and a insulted and pizzed off neighbor is my guess.
 
   / Flooding Culvert Clog - neighbor faux pas? #8  
What about cutting into lengths 48" or less, so they clear both yours and your neighbor's culverts? You have to cut anyway, so you could do the work one time and will save both problems.
 
   / Flooding Culvert Clog - neighbor faux pas? #9  
Howdy, have not posted in a long time but thought this would be the perfect place to toss this questions out...
Big rains + emerald ash borer = my 8 foot culvert is jammed with tree trunks and branches galore. If I cut and clear it and float the material through my culvert I would send all the wood downstream (eventually) to my neighbor who has a pair 54 inch culverts. I have no practical way of lifting the logs 15 feet up to where I could deal with the debris with my tractor at my culvert. My neighbor is well to do and has equipment galore and a hired caretaker etc.
So here is the question... as a good neighbor should I let them know that if I cut this material, it is (eventually) coming their way? Should I offer them the chance to remove the crap from my culvert thus helping us both? Am I ethically in the wrong to send a jam down to my neighbor? (Before I put in my culvert all of that would have ended up at theirs anyway)
Other info:
Their culvert is maybe 1/4 mile from mine. I don't think they own a grapple so something would need rented.

Where did the material forming the clog come from?
 
   / Flooding Culvert Clog - neighbor faux pas? #10  
I suspect that there is an existing drainage easement on your property, either private or public. In any case you are probably under the legal obligation to maintain the easement, i.e., mowing, clearing debris, etc. I would suggest you contact an attorney experienced in such matters, just to know where you stand before contacting your neighbor, if time permits.
Not likely to be easement as it is open channel.
Cut in small pieces to clear both culverts
 

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