Neighbor & his water..?
- Thread starter GEB
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Tig
Veteran Member
It may be state or even federal authority that you need to contact. I can't speak for the US but if it is similar to Canada there are strict laws about land drainage. When we moved in, our neighbourhood had a drainage issue and neither the municipality nor the developer was responsive to correcting it. A bit of research showed that the issues fell in the domain of the ministry of the environment (land drainage) and also there were concerns to the ministry of natural resources due to where the water was going (fish habitat). I contacted both and detailed what laws were being broken. No charges were laid to my knowlege but the developer was onsite fixing things up in a couple weeks.
A bit of online research should clarify things for you. Then you can contact the appropriate authorities. Dealing directly with the neighbour would be best because it should not start a war. Authorities would be second best because once you get them started it will ensure that you stay in the right. They will do all the work for you and document any issues. The dirt pile idea is an effective last resort. If you can create a small berm aong the edge of your property to block the flow. Maybe you could even work with your neighbour to direct it back to the creek.
A bit of online research should clarify things for you. Then you can contact the appropriate authorities. Dealing directly with the neighbour would be best because it should not start a war. Authorities would be second best because once you get them started it will ensure that you stay in the right. They will do all the work for you and document any issues. The dirt pile idea is an effective last resort. If you can create a small berm aong the edge of your property to block the flow. Maybe you could even work with your neighbour to direct it back to the creek.
meledward23
Gold Member
Playing with neighbors and water is more like playing with FIRE than water... hehe.. Seriously, there are many issues. First the source of that water pipe is very relevant. Second I would not just glue a cap on the end of the pipe. If anyone can trace that action to you you could end up in serious trouble, or no consequence at all, either way not worth the risk.
There are many laws regarding water from one property to the next. They vary state to state. Some states, TX and TN make it illegal to block naturally occuring water flow, while many other states have no mention of this. Other states indicate that it is okay to dump your downspout water onto your neighbor's property.
So it becomes a question of what is the water source, then find a annotated code for your states laws, and do a quick search. I would have the water tested to see what it is, that may help determine the source. Are you in the country, sewer/septic?, as you mentioned could be a sump from the basement.
And it could be a long road ahead. Just as JimR.
There are many laws regarding water from one property to the next. They vary state to state. Some states, TX and TN make it illegal to block naturally occuring water flow, while many other states have no mention of this. Other states indicate that it is okay to dump your downspout water onto your neighbor's property.
So it becomes a question of what is the water source, then find a annotated code for your states laws, and do a quick search. I would have the water tested to see what it is, that may help determine the source. Are you in the country, sewer/septic?, as you mentioned could be a sump from the basement.
And it could be a long road ahead. Just as JimR.
meledward23
Gold Member
The dirt pile suggestion was posted as I was typing my post. I would strongly recommend checking your state laws on diverting water, naturally occuring. From what I have dealt with Rainwater is sometimes considered naturally occuring whether it gets pumped, sumped, downspouted, or untouched. And in each variation form state to state has different legal impacts. Not only that but even can have a varying standard based on tthe result. Meaning, if I pipe water onto your property to prevent mine from flooding, nad I dont do too much damage to you then that is seen as okay. But if I were to pump water onto your property to prevent mine from flooding and I flood your house then I am in the wrong. Everything between is the grey zone. Like I said this varies state to state, locality to locality, and grey zone to grey zone.
meledward23
Gold Member
Ohhh, and one other thing. I live next to a situation where my neighbor's property floods because his neighbor has let a drainage ditch naturally silt and fill in with debris. So when it rains he goes under. The owner wouldn't clean the property up (for scale reasons, the "neighbor" is one side of the street for a subdivision 1.5miles long, the neighbor is a devleoper and 100 acres). The city offered to clean the property up, but the neighbor said "No thanks, stay off". The neighbor, then took an enviromental approach. The drainage problem is causing excessive puddling, which creates mosquiot breeding grounds, which granted a judges order to eliminate the pest's breeding ground, which resulted in the city fixing the ditch.
My point being more than one way to kill a bird.
My point being more than one way to kill a bird.
MarkV
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Given that he says he doesn’t know anything about the drain I would approach him for his help. Let him know that this mystery drain of his is causing problems on your property. Can he help you find out where it is coming from, what is coming out of it and if there is a better place for it to drain to. I would imply that you are concerned that it may be more than just pure water draining from it and could be a health issue to your family. If he doesn’t want to be helpful then you know he isn’t sharing everything he knows. That is when I would say that you are going to have the water tested to make sure there are no health issues. That will get his attention if it is grey water.GEB said:
MarkV
EddieWalker
Epic Contributor
Before you do anything, you need to find out what the laws are. Crossing to his land and caping the pipe will more than likely cause some degree of damage to his property. As of right now, it's on his land and it's an existing condition. Anything you do to affect it could easily get you into trouble and become very expensive.
Each state has it's own set of rules on water runoff and surface discharge. If it's a french drain, like I'm guessing, then it's table water that he's draining from around his home. He very well could be perfectly legal in what he's doing.
Can you dig a trench on your side of the property line to drain that water down to the creek? Can you plant something to take advantage of the moisture you have there? Some plants can become barriers and others will suck up allot of water. Willows are famous for how much water they drink!!!
Never start a fight that you don't know you can win. Never do anything to damage or affect your neighbors land. Always let the law or legal athorities deal with your problems. If they mess up, it won't cost you a dime. If you mess up, you could become very, very broke.
Good luck,
Eddie
Each state has it's own set of rules on water runoff and surface discharge. If it's a french drain, like I'm guessing, then it's table water that he's draining from around his home. He very well could be perfectly legal in what he's doing.
Can you dig a trench on your side of the property line to drain that water down to the creek? Can you plant something to take advantage of the moisture you have there? Some plants can become barriers and others will suck up allot of water. Willows are famous for how much water they drink!!!
Never start a fight that you don't know you can win. Never do anything to damage or affect your neighbors land. Always let the law or legal athorities deal with your problems. If they mess up, it won't cost you a dime. If you mess up, you could become very, very broke.
Good luck,
Eddie
HammerFour
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Don't cap the pipe, its not on your property so it would be trespassing, tampering, and who knows what else if you cap it, the water backs up, floods his basement, etc.....
Take a look at the terrain and where you can direct this water to...can you bury a drainage pipe and grate at the outlet of the pipe on your side to catch this water and direct it to the stream?
At our previous house, there was a wet spot right between the neighbors house and mine, and general drainage issues along that properly line...we worked together and dug a trench, jackhammered out a huge rock that was buried in between the houses, put in a drainage pipe and some grates to catch the runoff and send it to the storm sewer, it worked out great....we even hooked our downspouts and his foundation drains to this drain pipe, it really dried up that swampy area.
Take a look at the terrain and where you can direct this water to...can you bury a drainage pipe and grate at the outlet of the pipe on your side to catch this water and direct it to the stream?
At our previous house, there was a wet spot right between the neighbors house and mine, and general drainage issues along that properly line...we worked together and dug a trench, jackhammered out a huge rock that was buried in between the houses, put in a drainage pipe and some grates to catch the runoff and send it to the storm sewer, it worked out great....we even hooked our downspouts and his foundation drains to this drain pipe, it really dried up that swampy area.
johnk
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I'd still cap it because he already said its not his. When he asked if I capped it I'd say I don't know anything about it. Works both ways...Both can play the game....
turnkey4099
Elite Member
Best suggestions:
Check the laws and find out who does the regulations: Go there.
Redirect the water via a ditch or pipe - that would be my solution if I could do it without causing someone else a problem.
Bad: Cap the pipe - that could lead to an arrest.
Harry K
Check the laws and find out who does the regulations: Go there.
Redirect the water via a ditch or pipe - that would be my solution if I could do it without causing someone else a problem.
Bad: Cap the pipe - that could lead to an arrest.
Harry K