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

[Tractor Seabee]

No matter what; you will need back up data provided by a Civil/Geo-Tech Engineer. Lawyers are not engineers. As this may be someone elses liability; best to get an engineer experienced in forensic engineering as they are considered expert witnesses in court. With that in hand going to court (the most expensive lawyer action) may get your neighbor to settle out of court if he is actually proven liability. At minimum you need to prove the problem was not created by natural causes.

Ron

 

[rd_macgregor]

Is the neighbor farming the land on your side? If so, they may have (incorrectly) assumed the right to install the drain tile all the way onto your property.
Has the neighbor also changed crops or other farming practices on the land upstream? Timing of this spring's heavy rains may be the major cause of your problems, though the drain tile will inevitably direct an increased nutrient load to your pond and promote algae and other acquatic vegetation growth.

If you can't see a willingness and positive movement by the neighbor to solve the problems, I'd be tempted to cap off the tile at the property line, as suggested by another poster...though this kind of escalation might be counter-productive in the end, it would sure be satisfying in the short term! I'd suggest asking your lawyer about the legality/advisability of this kind of preemptive action, though.

 

[Oldoak]

A lot of armchair analysts here, myself included.

Please keep us all posted as to your course of action and the final outcome, which could take quite some time, particularly since your trespassing neighbor has shown no signs to even communicate with you.

Like I stated before, I would not touch a thing until this problem is settled. Once you start digging on your own, it could become a blame game as to who or what caused the flooding, erosion, sediment build up, etc.

 

[crazyal]

If it was me and the neighbor wasn't returning phone calls i would find a lawyer that deals with situations like this. A good lawyer will know what to do, which people to hire, and when. All that may be needed is some photos of the damage and a certified letter from a lawyer stating the damage done by the neighbor. The lawyer will know if it's best to include what options are available to you if your neighbor chooses to ignore the letter. As for doing the work yourself, I wouldn't, at least not without talking to someone. When it comes to ponds you are getting into federal territory. Do the wrong thing (even if it's the right thing) and you could be facing fines, not your neighbor.

 

[PILOON]

Yes, lawyer up but not just any lawyer.
You have to locate one that knows environmental issues.

I have experienced and seen just too many cases lost as well as won simply based on specialty or lack there of.

 

[Streetcar]

Get engineer or hydrologist to verify neighbor caused problem. They should know good lawyer if you need one

 

[FarmWrench]

In general tile greatly reduces erosion, and nutrient runoff. Our area has had 125year record breaking rainfall. Think of all the surface material that would have otherwise washed if the ground hadn't had tile to reduce saturation. (A myth is that tile removes all water. It only will flow once the soil is saturated at the level of the tile.)

As far as the trespassing. Do you have a good survey? Did you sign a lease or rental agreement for the farmer to use your land? Did he simply repair an old tile? We have tile that dates to the 1840's and easements are recoded on some. Yes the tree is gone but roots clogging up a tile is a common way old tile is found.

Tile is worth $1000+ per acre.

There is more to this story.

 

[boggen]

got a couple bids in. a couple of them too small of machinery i do believe, more "city folks" is there bread and butter type of thing. this last company seemed a lot better equipment wise, larger excavator and dozer and overall additional equipment to handle bigger projects on this scale. and seemed to have better grasp of what needed to be done, and telling me what they would do, without me saying anything to them. this last company needs to get back home and figure actual bid out. but overall much happier with their comprehension and what needed to be done.

 

[boggen]

In general tile greatly reduces erosion, and nutrient runoff. Our area has had 125year record breaking rainfall. Think of all the surface material that would have otherwise washed if the ground hadn't had tile to reduce saturation. (A myth is that tile removes all water. It only will flow once the soil is saturated at the level of the tile.)

As far as the trespassing. Do you have a good survey? Did you sign a lease or rental agreement for the farmer to use your land? Did he simply repair an old tile? We have tile that dates to the 1840's and easements are recoded on some. Yes the tree is gone but roots clogging up a tile is a common way old tile is found.

Tile is worth $1000+ per acre.

There is more to this story.

2 drain tiles, that are mine that come in at a sharp corner. the water turns milky color more of a "white,gray,tan, even blackish" colored. this new drain tile installed by neighbor, being newly installed has had some water color changes to it. and not just clear see through water coming out of it.

deeds and surveys, at courthouse, i want to say back to 1940's maybe 1920's (do not have papers in front of me) only easement that ever showed up was for primary road out in front of house, and nothing else.

 

[boggen]

Get engineer or hydrologist to verify neighbor caused problem. They should know good lawyer if you need one

US army corps, and soil and water conservation department did get back to me. but been busy. and have not had chance to contact back that and it rained nearly every day this week here. will get in touch with them this coming week if not tomorrow.