lots of erosion! what to do, what to do...

/ lots of erosion! what to do, what to do... #41  
At last a little more clarity (and a little more spine)

they did there deeds. let them pay for all the damages. including on going erosion damage till issues get resolved. they should have obtained permission first and talked to me first, i have other stuff that needs to be dealt with that requires my own time and machines and equipment to get stuff done. i am not going to bend over backwards for there crud.

Earlier posts seemed to be more passive, and implied that you were going to absorb the work and the cost for the remedies. Holding the trespasser to account is a different matter. So I guess it is back to determining who did the work, when, and with (or without) what permission.

So much seems to be unknown and ill defined.
 
/ lots of erosion! what to do, what to do... #42  
Without having expert look at the damage and recommend solution, you will have a hard time getting the neighbor to pay for work on your property. You do not need detailed plans but review by engineer or hydrologist can be very beneficial.
In Ohio, the state is only involved with lakes when the height of the dam is over 10'.
 
/ lots of erosion! what to do, what to do... #43  
People who think you can just dig down and cap the pipe don't have a clue. They are the people that usually go through life learning lessons the hard way and paying more for things than they need to. Impulse action based on emotion is a poor way to live.
I don't know about you (hddnis), but watching my home/property slowly wash away is a pretty emotional item to me.
Going through life cowering in a corner while your land is being flooded and allowing others to screw you is the "easy way"? That's a poor way to live for most Americans. You have a very strange, passive view of property rights.

Failure to immediately limit your losses, regardless of the cause (by you or others) can be turned around against you by a sharp insurance Co's lawyer in a court room.
Ryan I must not understand the complete story here, but wish you the best. It sounds like you are slowly loosing your pond, dock & pond bank. Stopping the additional water flow is the obvious 1st step from what we've read here. Depending on the flow of the pipe, it could be difficult to cap it properly (glued on proper end cap) but would not be impossible to dry fit the cap and surround it with dirt or concrete. Get some legal representation quick, even if you could just talk to a local judge for a few minutes for guidance.
Best wishes to you.:thumbsup:
 
/ lots of erosion! what to do, what to do... #44  
I am a land surveyor and work for a civil engineering company. I agree, you will need to get a lawyer involved and an engineer and surveyor. Its possible, I can't tell, but the adjoiners drainage may take the path to your lake naturally. That is what a surveyor will determine.

From the adjoiners point of view, the only way they can justify doing this is if there was already a drain tile in place, and they just repaired it, even then, pretty bold of them not to tell you what they were doing.

If this water did flow that way already, the drain tile may or may not have made some of your problems worse. The drain tile may just change the way the water gets to you (faster) than it would otherwise. During a heavy rainstorm, that tile would most likely make very little difference in how much water runs into your pond. If the tile take water to your pond that didn't go there before, that is a different story.

My opinion is that various government agencies won't get involved, but I could be wrong.

Having dealt with a few boundary disputes over the years, I am always amazed when a story like yours pops up. I can't fathom people not having more respect for property rights. If your story is 100% accurate, they pretty much trampled your rights.
 
/ lots of erosion! what to do, what to do...
  • Thread Starter
#45  
break time. from documentation writing up, and keeping track of things.
--still need to show drainage tile could be ran other ways and not caused issue.
--still need to add some sharp corner driveway pictures to document
--still need to get boat picture

been playing around with various map websites. getting years back to 1930's, and then 3D maps showing actual elevation. pretty cool!
--hopefully some of the 2D elevation maps play to my favor. they all show surface water for most part draining away from me. same thing for the 3D maps.

still scrambling to get some bids in, so i have a dollar amount. every time i think i got it all covered, re-check and end up missing something. or i can buy , but still require myself to install (not happening), then finding someone else to do the work and needing to get bid for that.

--need to get another bid for dealing with algae/moss. i got 1 bid already, with windmill, dyes, other chemicals. for a full treatment to nock the algae and moss all back for just this year. hopefully i can find someone local so i do not need to find someone to install the windmill. (12" auger bit 3 holes, 4 feet deep, filled with concrete), plus trenching the air lines between windmill and lake, and most likely setting up a valve box at lake edge, to adjust air going to 2 diffusers.

--need to get bid for fixing my bass boat. toss it into water, so i could attempt to get closer look at all the bank/shore damages, and check on the moss/algae better vs standing on shore line, did not get very far. went to pull it out, kept sliding and falling on my rear. hooked up ratchet strap between boat and tree. and ended up busting off front portion of boat. were you tie ropes to. most likely some L metal and some long bolts, and some drilling going to be involved if i can not find a replacement 3 sided pryimad shape front for it. i am just going to toss it into the bid to fix it. if it goes to court, judge will determine it.

need to figure out what the heck i am going to do for the 2 spots boats get pulled up. i need a retaining wall in the areas, at same time, need some sort of boat ramp. i do not use trailers to pull the boats out. simple small bass boat and paddle boats and blow up air rafts. but need something. to now get the boats up over the 2 feet 90 degree like corner of a shore/banks.

over the last few days, had to clean out overflow pipe on lake, that was completely clogged up with twigs, and then do extra re-reinforcements of grates and fence wire of what i already had laying around, around the overflow, the water keeps coming from neighbors drain tile, and the water keeps going out of the overflow :/ and the drain tiles i have, have done stopped running water. hopefully i will not have to be constantly checking overflow. for a short bit *crosses fingers* and more so hoping another clog does not happen. the overflow only plugged up 3 times i can remember in my life time (lived here all my life), the last time well over 10 years ago. that was a nightmare, both lakes overflows clogged up at same time. (nasty wind storm, and heavy rains, that lasted for a week or 2). the other time, i was knee high chap. i only remember because of the nasty stinky smell.

called around for some lawyers, and they are slowly getting back to me. see what happens tomorrow with one.

us army corps of engineers, i have yet to still contact back.

Soil and water conservation district, not much help, beyond going back over laws i could use, and already read through *good thing but already done*, gave a line to a lawyer they normally use. so might be something there.
 
/ lots of erosion! what to do, what to do...
  • Thread Starter
#46  
picture from Home Hardware - Up to 2lbs Boat Ramp Kit
66323211.jpg

not liking the hand winch. need to pull bass boat all the way up on shore, and flip it upside down, so it does not get flooded and fall back into lake.

paddle boat it might work, but the paddles, and the *meh* forget what it is called wing in the back bottom so you can turn.

============
saw some others using lumber and just PVC pipe for top rails.

i suppose possibly a cheap boat trailer with rails might work, and just drop it into lake. and leave it. and just bring boats up it.

============
not really liking idea of using lumber and leaving it in the water. sounds like a repair work again in a few years to replace the lumber.

not really liking idea of pouring a concrete pad / ramp. to actually pull a trailer up and out. just do not want to deal with the concrete slab later on when it settles some. and look of all the extra concrete.

not going through expense to create a mini shed just to bring boats up out of water, and keep rain from getting in them. that and just do not want to see a shed right on the water. i like my views.

*arghs* just do not want to deal with a ramp at all. but need something now :/

and i am not about to pick boats up out of water with tractor. they get used to often. and waste more time dealing with boat. than other things.

============
teetter totter setup might be nice *hhmmsss*

toss a couple pipes down a foot or so from bank edge in the water. toss a pipe across the 2 posts. then toss on some i don't know 24 footers 2x12's or like. add some bracing across the bottom to hold the TWO 2x12's parrallel and up right. add some sort of weights on one end near bank/shore. to act as counter weight. to hold the tetter totter out of water when not needed.

drop the tetter totter down into water, pull boat up on it. and keep on pulling and let tetter totter tip towards bank.

*meh* still need a long rope, or hand winch or like. to be able toss up on shore/bank to even pull boat up. without having to get trapped between the 2 rails of the tetter totter.

=============
i guess my only real choice is going to be. is build rails out into the water, and extend them all the way up the hill side. and make them far enough up hill side, i can just flip bass boat over, and load up paddle boat on other side.

1 ramp right next to bridge. so you can get out of boats, and having walking path to pull boats up.

1 ramp at dock, sounds like dock is going to get redone into a different shape. from a T to box or L shape. so i have walking path for boat ramps.

and there goes 1 tree at the bridge. to make room for a ramp.
 
/ lots of erosion! what to do, what to do... #47  
trying to plug up (err my notes are in truck), 8.5 inch or 10.5 inside diameter pipe. and i want to say 3000 to 4000 GPH flowing out of it (do not quote me on numbers going by memory). would not be an easy task at all. an inner tube might work (acting like an inflatable test plug). but even then. it more likely blow out. .

Whaaa?

3000 gph is 50 gallons per MINUTE. You've got 50 gpm running onto your property that you didn't NOTICE and someone installed ON THE SLY????!!!

That's a lot of water. Where is it coming from?

Perhaps you are in a valley and all water comes to your location?

In any case, sounds like a heckuva mess. Good luck.
 
/ lots of erosion! what to do, what to do...
  • Thread Starter
#48  
1st lawyer, most likely not, not up on laws it didn't seem, and did not seem that interested. free consult. what the heck.

2nd lawyer, seems like needed to research and look up a lot of extra stuff, go to person, but *meh* 2nd best so far. paid consult

3rd lawyer, yet to actually meet in person, made appointment already, then suddenly got call 8:20 tonight, talked for about 40 minutes over phone. much more promising. paid consult is what it is suppose to be. guessing lawyer looking over stuff at home and bored and called up while stuff fresh in mind or something.

us army corps of engineers. not in wensday, then again not in thursday or friday (today), long weekend. so, maybe get lucky coming week.

found some more laws, that could be applied to neighbors. outside of the lawyers.

still waiting on a couple bids, hopefully contractors will get back to me this coming week.

still need to figure out what to do for a boat ramp. concrete ramp, to dirt ramp, or some sort of 2 rail ramp that can be easily pulled out during winter. and/or not needing the ramp. so rollers or carpet does not get destroyed quickly and/or frozen solid and busted up and/or rot out. be nice if i could find fold up ramps like a regular car hauler or landscape trailer ramps.

still need to find part for boat that broke off in attempting to pull it out.
S2360019.JPG

S2360020.JPG

S2360021.JPG
 
/ lots of erosion! what to do, what to do... #49  
Boggen, way back I recommended you get a forensic civil engineer into your team experts. Nothing sways a judge better than expert testimony against a stupid landowner doing stupid things (not you). Remember lawyers are not engineers. They only apply the law, as written and interpreted through case law, to get you redress. Estimates with out an experts recommendations on what the problem is and what the proper solution is should be backed up with the estimates. You mat be getting the cart before the horse; such as getting a judgement to fix the wrong solution. You only get one chance to get it right; don't throw good money after bad. 50 years of contracting experience talking.

Ron
 
/ lots of erosion! what to do, what to do... #50  
Great advice tractor Seabee, some of proposed repair work seems excesssive and may not be reimbursed
 
/ lots of erosion! what to do, what to do... #51  
Great advice tractor Seabee, some of proposed repair work seems excessive and may not be reimbursed

Yeah Streetcar, I have been having a problem sorting out all of Boggen's information; he has posted a lot of rhetoric that seems disjointed. Right in the beginning I detected he needed engineer assistance from a PE that specializes in looking at problems from a forensic view. I have been involved in cases where their was no clear path to the conclusion and seen Judges castigate both sides for their lack of preparation. I remember one case where the judge flat out told a lawyer to get a license as an engineer before trying to explain an engineering solution without an expert witness as he dismissed the case. That was a case far more complicated than Boggen's as it involved a federal construction contract. It is hard to out lawyer the Feds. I do know lawyers that have an engineer license as well and they are in great demand.

Ron
 
/ lots of erosion! what to do, what to do... #52  
I know what I would do. My #1 priority would be dealing with my neighbor and see what he/she is going to do about the damage and removing the drain tile from my property.

+1 and knowing that a lawyer will be the next step with the background of how the neighbor handled this originally.
 
/ lots of erosion! what to do, what to do...
  • Thread Starter
#53  
that one time, doing, for final amount, and covering issues, is a pain, but working towards it.

waiting for appointment for 3rd lawyer.

already on search for expert witness/s to see amount it will cost for said type of expert to go through the property. have some names and types of experts, but keeping it low key for now.

============
sorry for dis-jointed, most information is document. and just giving bits here on forum.

for example document i am keeping information in.

fence line
--find documents, and pictures from when installing it to show proof, it is my half of fence line.
--showing pictures, taking measurements of fence line.
--finding law and government body that has control over given law and have document in hand.
--get bid estimate to fix fence.

driveway were drain tile went through
--finding documents of what it was like before hand, and when i did major work on area.
--showing pictures, taking measurements. explaining what is being looked at in pictures.
--finding any laws to driveway / access to property
--get bid estimate to fix driveway / ditches for it. that work with rest of driveway in how it is maintained.
--get pictures /video of vehicle going through it. to help show mess.
--get pictures / video while it is raining.

tillable land loss
--measure neighbors drain tile and location on property.
--figure out loss of tillable land, not just were drain tile is located, but extra loss of tillable land due to larger / longer width machinery.
--taking pictures
--looking up records for cost of crops.
--looking up laws pertaining to crop loss.

neighbors drain tile to lake in the grass waterway
--measure it out, take pictures,
--look at possible options to fix issues, and get estimates of what is recommended. to fix issues but also additional costs that i may see.
--check laws for it

my lake
a)erosion of shore/banks on lake
--get pictures of it, along with measurements.
--find other cases of it.
--find laws about it.
--look at options of what can be done to fix issues.
--get estimates of what is recommended to fix issues.

b)bridge, what needs to be done with it,
--cost of repairing it, and/or replacing it. (has been a challenge, no one wants to deal with it, as soon as they here bridge or lake)
--finding old pictures of it.
--finding laws for it.

c)dock
--cost of disconnect and reconnect to bank/shore, in order to fix issues of bank/shore under it.
--find laws about it.
--pictures, and measurements for it.

d) overflow on lake
--get pictures of it, with and without it plugged up (grumbles)
--get measurements of it.
--get pictures of additional beefing it up. to make sure clogs do no happen temporarily.

e) being able to pull bass boat / paddle boat up on shore
--beach, to retaining walls, to bunks (rails), to lifts, to concrete ramp, to other, to find out what would actually work.
--fix bass boat front end. (grumbles)

e) over all
--what needs to be done and how it will mostly likely happen to get done, taken into account. (most likely cheapest easy way for given company)
--crop loss for larger machinery to get around lake and each other.
--dealing with all the hills, and smooth it out, re planting grass seed, and blowing with straw, wait for grass to grow in, and then fix erosion issues, and re-seed again.
--dealing with cost of trees that most likely will need to be removed to fix lake shore/banks. both in removing them, and dealing with the trees/branches/root balls, but getting a tree.

pasture (overflow pipe on lake (end of pipe), to culvert crossing, through marsh, to creek. )
--getting estimates to fix issues, and options to fix issues.
--getting pictures,
--dealing with a "marsh/wet land" area in pasture were water goes through before creek.
--dealing with getting access to front portion of pasture as well.
--looking up laws. checking government agencies with any issues more so (marsh area)
--dealing with only access down into pasture (hill) and damages that will occur to hill/driveway area, just running larger machinery up and down it. any little rut and you will get stuck in any vehicle or less tractor, or maybe atv or utv. (been there done that getting stuck).

lake quality and clarity issues
--algae, moss, surface scum = DOC's (dissolved organic compounds)
--looking to see what needs to be done... chemicals, to physical removal, to aeration, to other.
--windmills, you can buy the kits, but need to setup yourself. PHD, concrete, and full assemble of windmill not included.
--looking to see what needs to be done, not just for short term, but long term, until all is fixed/repaired and erosion has been brought back under control.
--pond test kits
--pond clarity device. (meh forget name of it right now)

trespassing
--looking up laws for it
--finding pictures that were taken as they were put up on multipule occasions over the years. (a previous owner of neighbors property, was nightmare)
--finding pictures and showing only access to property and needing to go through locked gate with no trespassing sign on it.

looking at over all landscape, and elevations of properties, both my own and neighbors.
--making sure any high spots, low spots are accounted for and were run off water goes, and drain tile are accounted for. to show these spots are not reason for erosion.
--take pictures of it all.

what final outcome do i want.

finding a lawyer, and costs.

finding expert witness costs

re-looking at each issue along the way making sure everything is covered, or have yet to get covered. it is not all pure black and white, lots of gray, with pro's to con's to each solution.

==========
starting to get less over whelmed, as things are finally starting to come together.
 
/ lots of erosion! what to do, what to do... #54  
Boggen
If your land is not the natural low point, do you know why neighbor would run tile on your property
 
/ lots of erosion! what to do, what to do...
  • Thread Starter
#55  
Boggen
If your land is not the natural low point, do you know why neighbor would run tile on your property

going to wait till i get things done with expert, for final call. but my own knowledge of neighbors property.

they saw a low spot on my property and went for it vs
--running drain tile to another side of their property
--and/or using smaller multiple drain lines to keep drain tile on their property vs using larger main pipe lines that were ran.
--and/or running drain tile on other neighbors properties
--and/or putting in a grass waterway on their property to run drain tiles into and feed grass waterway to some place.
--there are other low spots around neighbors property and on neighbors property drain tiles could have been ran. without drastically changing watersheds, so same amount of water went in all directions that it use to flow via surface run off water.

all other edges of their property are lower. mine is level for most part. the low spot they shot for, only drained i would guess to say 5 acres of neighbors property. (purely guessing) it was not much area if any surface run off coming from neighbor property.

they dumped the drain tile on me along with the water, and hoped to get away with it. vs going through it legally.
 

Marketplace Items

PENDING SELLER CONFIRMATION  READ BEFORE BIDDING (A61306)
PENDING SELLER...
UNDERGROUND SERVICE POLE (A60432)
UNDERGROUND...
SKID STEER MOUNTING PLATE (A60430)
SKID STEER...
UNUSED FUTURE ELECTRIC WET POLISHER (A60430)
UNUSED FUTURE...
1989 AM General M998 HMMWV 4x4 Humvee Truck (A59230)
1989 AM General...
2002 Frieghtliner Pressure Digger Truck (A55973)
2002 Frieghtliner...
 
Top