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Hellllppppppppp..... I have erosion issues

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posted on Jun, 26 2015 @ 07:53 PM
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To make a long story short....... I am having serious erosion issues.... but the problem is,,,, the water is coming from my neighbors property.

I might be able to spend a few thousand to have a ditch dug.... but I don't feel like I should have to spend more money on this. My neighbors pool has a leak as well, but when it rains, their above ground pool is overflowing and running down my property.... it's cutting a ditch right across my yard and has also exposed my drain field from the septic system so my septic system doesn't function correctly.

I have never has this problem before and frankly I don't know what to do.... the only way to correctly fix the issue on my neighbors property... previous owner says the neighbors won't do anything about the drainage issue.

Do I have any recourse on this matter? Do I need to hire a lawyer? Can I go to the county and complain about the drainage?


Any advice is most greatly appreciated.




posted on Jun, 26 2015 @ 07:56 PM
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a reply to: RickinVa

Can't advise in a legal manner. I would suggest you have a sit-down with the neighbor. If that is unproductive, there may be legal remedies within the bylaws of your town or city. This sounds like a genuine pain in the rear. I hope it works out for you.



posted on Jun, 26 2015 @ 07:57 PM
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a reply to: RickinVa

Go to the town and ask the building inspector to come out and take a look.

He will let you know, and let the neighbor know who's issue it is.

Good luck.



posted on Jun, 26 2015 @ 07:59 PM
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Yep, talk to the neighbor first and if nothing is done, get a lawyer.



posted on Jun, 26 2015 @ 08:08 PM
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Having been through stuff like this with several homes, unless you are on good terms with your neighbor I would not recommend 'talking' with him first.

The inspector is the law on this basically, and he will give the legal solution to fixing the problem.

He is simply an unbiased authority and will tell you both what needs to be done to fix it legally.

It keeps emotions out of it.

ETA: And the building inspector is FREE. His decision is final. No need for a lawyer. If your neighbor is at fault, and ignores the inspectors decision, the town will deal with it for you.
edit on 6 26 2015 by stosh64 because: (no reason given)



posted on Jun, 26 2015 @ 08:08 PM
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The others are right. Have a talk with the neighbor and if that doesn't work, get a lawyer. If a tree from his side fell he'd have to cover damages, so I'd bet he'll have to cover any damage to your property from a pool leaking.

ETA You might point out that if lawyers get involved, he may be out quite a bit more to fix a leaky pool and paying to fix any erosion on your property, rather than to just fix his pool.
edit on 26-6-2015 by DAVID64 because: (no reason given)



posted on Jun, 26 2015 @ 08:37 PM
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Thanks for the advice..... I am going to call the county on Monday morning and try to get this resolved.



posted on Jun, 26 2015 @ 08:56 PM
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a reply to: RickinVa

Like other members said, go to the neighbor first, then a lawyer if that fails. Be aware that some people start feuds over stuff like that. I hope it works out for you. Good luck.



posted on Jun, 26 2015 @ 10:54 PM
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First talk to your neighbor before resorting to 'legal' means.

Not talking with them first and trying to resolve it between you could make you an enemy for life.


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posted on Jun, 26 2015 @ 11:23 PM
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a reply to: FyreByrd

I will talk to them... but there's potentially a few thousand dollars involved..... 3 of my septic drain field canisters are now above ground and its getting worse every time it rains. It cutting a ditch right across the top of my septic tank and it wont be long before that starts showing.... the runoff here is really bad... when it rains, I have a small river flowing through my yard now...it's all coming off my neighbors hillside right below where the pool is...I don't think the pool is the whole problem, I have a sneaky suspicion he's draining his gutters right onto the top of the hillside in question.

All I know is that since I have lived here, the water runoff coming off his property is getting worse and worse and it's beginning to cost me a lot of money. The question I still have I guess is: Is it my problem once the water hits my property line and my responsibility to correct the issues... or is it their responsibility to maintain the hillside to prevent runoff onto my property (the hillside is basically just dirt now...there's an older tree in one spot at the top that the roots are showing pretty bad). That's the million dollar question lol.



posted on Jun, 27 2015 @ 12:57 AM
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Hello, it's not that straight forward. Check out this write-up by lawyers.link

Normal surface runoff is your problem, unusual changes in the lands water flow caused by the neighbor are their problem. Bad pool overflow-their problem.

from link...

"In general, a neighbor will not be responsible for damage to your property caused by runoff from naturally occurring rain and land conditions. As almost anyone who has lived on land lower than that of their neighbor's will tell you, water really does like to flow from higher to lower ground, even if that means running around whatever measures you have in place to control it. So even if your prized garden full of roses is ruined during every spring downpour from water running off of your neighbor's land, you probably don't have any recourse.

If your neighbor has landscaped his land, however, or altered his property in some other way that causes more water to run onto your land than would otherwise naturally occur, then you may have some recourse to recover for the damage. Even if your neighbor tries to argue that it is still not their problem, and it was not their landscaping or changes that caused the increase in surface water flowing onto your property, you may still be able to prevail. Generally speaking, there are three different types of laws that may allow you to put liability on your neighbor for the surface water damage to your property.

If your neighbor has landscaped his land, however, or altered his property in some other way that causes more water to run onto your land than would otherwise naturally occur, then you may have some recourse to recover for the damage. Even if your neighbor tries to argue that it is still not their problem, and it was not their landscaping or changes that caused the increase in surface water flowing onto your property, you may still be able to prevail. Generally speaking, there are three different types of laws that may allow you to put liability on your neighbor for the surface water damage to your property.

Reasonable Use Rule -- A majority of states follow the reasonableness approach. These laws can be boiled down into one sentence -- if a neighbor alters their land or property in some way, and damage is inflicted upon your land or property from surface water, then your neighbor will be liable for the damage if the alteration was unreasonable. In order to succeed in a lawsuit against a neighbor, you will need proof showing that your neighbor did something to his land or property, that the alteration was unreasonable, and that the alteration changed the natural flow of water onto your property.

You may ask, understandably: what kinds of alterations are considered reasonable, and what sorts are unreasonable? Courts will look at each case carefully when considering whether an alteration was reasonable, so there is no clear cut line separating reasonable from unreasonable. Courts do sometimes look at some general factors to help them in their judgment, however. These factors may include:

How important the alteration was. For example, an alteration that diverted more water onto your land in order to save the home of your neighbor may be more important than an alteration that only protected your neighbor's tulip garden.
Whether the increased damage from surface runoff was reasonably foreseeable to your neighbor at the time the alteration was made. For example, a pipeline meant to direct water directly onto your back yard is more foreseeable to cause damage than a pipeline that direct surface water to the street gutter.
The comparison of the damage to your property versus the increased use or value of your neighbor's property. For example, if you now need to spend an extra $20 to seed your lawn every year because of extra surface runoff, this may not compare to the structural soundness of your neighbor's home.
Common Enemy Rule -- This rule was derived from English Common Law and treats rainwater and other natural sources of water as a common enemy to all landowners. Under this rule, followed by many states, each landowner is expected to protect his or her own land from surface and runoff water. Landowners can take whatever steps they wish, such as building dikes or drainage ditches. If surface water runs from your neighbor's land onto your land, causing more damage than natural, you are still expected to protect your land from this water.

Many states that still follow the common enemy rule, however, have modified it to make it less strict. Under these modified rules, you may still be able to hold your neighbor liable for damage to your property if the modification (protection) of your neighbor's property was negligent.

Civil Law Rule -- This rule can be considered the opposite of the common enemy rule. The civil law rule, also known as the Natural Flow Rule, imposes liability on any landowner that changes his or her land in a way that changes the natural flow of surface water across the land. For example, if your neighbor built a drain pipe in his land that drained more surface water onto your land, your neighbor would be liable to you because he changed the natural flow of surface water.

Like the common enemy rule, the civil law rule has been modified in most states that follow it. Much like the reasonable use rule, states that follow the civil law rule allow modifications of land so long as the modification is reasonable. Under the modified civil law rule, however, the owner of the land seeing the increased harm may also be expected to take reasonable measures to protect his or her land from damage due to the increased surface water.

Careless Water Damage

Neighbor disputes often arise over water damage if the damage was caused by the carelessness of one of the parties. If your property has been damaged because of the carelessness or negligence of your neighbor, you may be able to collect compensation for your damage and losses. In addition, in certain situations, you may also get a court order that directs your neighbor to stop doing whatever it is that has caused water damage to your property.

Careless water damage is often the result of simple accidents and forgetfulness. Sources of these types of damages include leaking or broken water hoses, leaky sprinkler heads, broken, frozen or burst water pipes, and even clogged rain gutters. Even if it is no fault of the owner, you can still be compensated for damage caused by your neighbor's water pipes that burst of break from cold or age -- even old pipes are the responsibility of your neighbor. Just as your neighbor is responsible for water damage cause by sources from his own property, however, so are you. For example, if a tree on your property has roots that go across the property line and break a neighbor's pipes, you will be responsible for any water damage caused."

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posted on Jun, 27 2015 @ 08:45 AM
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You need to contact your local " building code inspector" or " code enforcement "... They will come out and assess the situation. If your neighbors yard is causing your property any damage they will citation them to fix it within a certain time frame. Also, if your neighbor has altered their property ( added soil, or fill, or a building ) that is causing erosions on your property they will be liable to fix it. Sometimes " permits" are required by the county,city,or state , in order to make these alterations.your code inspector will look that up to see if they have proper permits......it sounds to me like your neighbor is NOT going to do anything, especially if he's not fixing his pool.....and you will have to call the proper authorities to get results. Ultimately, your relations with your neighbor will not be good. ( but sounds like it's not now anyways). ...is your neighbor aware of this issue already? ... .....I personally am split on the idea of going to them first and saying something vs going to code enforcement first.....part of me thinks...it would be the nice neighborly thing to go to the neighbor first and give them a chance,,,,,,BUT....the other part of me says to not do that and go to code enforcement first. ..because ...people,get into altercations, and tempers flare in these situations . And sometimes it's best to just have the authorities handle it face to face....people are so Ampt up and wacko these days, be careful please!



posted on Jun, 27 2015 @ 08:45 AM
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Send a picture of the damage !



posted on Jun, 27 2015 @ 08:58 AM
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a reply to: RickinVa

I've got one idea...in disaster response we learn to build berm lines of dirt (cheap)...along water lines about one or two feet and as long as you need...to force the water every time needed...BACK TO HIS SIDE!

GOOD luck....PS...this works....get him to deal with the flow back
edit on 27-6-2015 by mysterioustranger because: (no reason given)



posted on Jun, 27 2015 @ 09:25 AM
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a reply to: Meldionne1

"is your neighbor aware of this issue already?"

Yes.... his wife knows about the problem and according to her "Good luck on getting him to do anything about it". The wife has allowed us to put plants on the hillside "even though it's their property because her husband just wont so anything about all the water run off".

That's pretty much the status. The plants are doing very little, because the water has now cut two paths down the hillside... one path leads the water to drain over my septic system, the second leads the water down my gravel driveway, which I have spent countless hours and some cash to repair, but it's already rutting out again in less than 1 month.


edit on R262015-06-27T09:26:14-05:00k266Vam by RickinVa because: (no reason given)



posted on Jun, 27 2015 @ 10:05 AM
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originally posted by: Meldionne1
You need to contact your local " building code inspector" or " code enforcement "... They will come out and assess the situation. If your neighbors yard is causing your property any damage they will citation them to fix it within a certain time frame. Also, if your neighbor has altered their property ( added soil, or fill, or a building ) that is causing erosions on your property they will be liable to fix it. Sometimes " permits" are required by the county,city,or state , in order to make these alterations.your code inspector will look that up to see if they have proper permits......it sounds to me like your neighbor is NOT going to do anything, especially if he's not fixing his pool.....and you will have to call the proper authorities to get results. Ultimately, your relations with your neighbor will not be good. ( but sounds like it's not now anyways). ...is your neighbor aware of this issue already? ... .....I personally am split on the idea of going to them first and saying something vs going to code enforcement first.....part of me thinks...it would be the nice neighborly thing to go to the neighbor first and give them a chance,,,,,,BUT....the other part of me says to not do that and go to code enforcement first. ..because ...people,get into altercations, and tempers flare in these situations . And sometimes it's best to just have the authorities handle it face to face....people are so Ampt up and wacko these days, be careful please!


Exactly!

Get a hold of your local building inspector. And it is FREE.

You do not need a lawyer.



posted on Jun, 29 2015 @ 11:59 AM
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quick update:

1. I contacted the county and they referred me to the county health dept since it involves my septic system. I am waiting on the man they told me to contact to return my call. They said he will come out to determine where the problem lies.

2. I walked up on top of the hill in question and now I have no doubt whatsoever that my problems lie with the neighbors down spouts on his house. They used to have a 30 or 40 foot drainage line connected to the front downspout that drained the water down the hill in the middle of the two properties, but for some reason, they cut it down to about 5 feet long now... that directs the flow of the downspout directly to the hill where the gulley is now, runs down the gulley into my yard and across my septic system. The back downspout has a short drain hose on it that directs the water flow back behind his pool and down onto my property as well.... there is now a gulley that has formed there as well and that's what keeps washing out my driveway.


Film at 11


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posted on Jul, 6 2015 @ 12:05 AM
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Make sure you point out the drain pipe issue to the local code or health department....I would still call code enforcement and get them out there too. Health department makes me nervous for you as they may only be concerned with your septic, and not the issue and permits that your neighbor may have ignored. Therefore you may be stuck with a bill by the health department....Call the code enforcement or building code department. ...and do it today !!!

It sounds like the 40 foot drainage line guided the water properly ...and since they've chopped it, the water has no guidance and is freely creating its own path. Do you have any prior pictures of the water drain before....?... And this is where building code enforcement comes in. They would have a record of that,..and since your neighbor altered the drainage system , it is causing a code issue....
edit on 6-7-2015 by Meldionne1 because: (no reason given)



posted on Jul, 6 2015 @ 11:20 AM
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a reply to: RickinVa

Any updates?

Hope you are getting a resolution.



posted on Jul, 7 2015 @ 08:48 PM
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No resolution.

The county offered me no help what so ever. I am pretty much on my own. Best advise I was given was to take it to small claims court, but that would probably be dependent on whether or not you could prove they were previously aware of the problem.

I am going to try and get hold of the previous owner to see if she ever discussed the drainage issues with them. I am almost certain that she did, but whether she would be willing to give me something in writing is a whole different story.

We had a lot of rain today and I did the only thing we could think of.... went to where the water is pouring down the hillside and dumped some food dye in it...... just like I knew it would, the dye went right across the top of my septic tank and down across the leach field and into another ditch I had dug to try and save my driveway. The second dye washed right down the middle of my driveway into the ruts that have started forming in the last month since I had it leveled and graveled.

I am most likely screwed at this point and will be forced to suck it up and have some one dig yet another ditch across my property to direct the flow back to the natural drainage ditch in the back of the property. If I do this, then it will be a constant battle for us to keep the ditch from filling up with the mud and dirt coming down the hillside.

And my neighbor is still using the argument that it is my property, not his despite the fact that my other neighbor and I measured it from the plat I got at the courthouse and the property line is not where he thinks it is. Its crazy... the plat plainly states that my boundary is exactly 123.45 feet from the corner of the property across the street. The lady at the courthouse also gave me the first page of his deed and it states that his property was measured off the existing boundary on my property which is a piece of rebarb with cap on it. I cant find the rebarb, and even then it's not very difficult to dig it up and move it where ever you want it to be. The only way to prove it is to hire a surveyor to mark the boundary and they told me that would cost me between 250-500 to do.

And to make things even better, a big tree limb fell off of a tree on his property and landed on top of my truck, and it caused a lot of damage to the cab and door. Once again, he says tree is on my side, not his. But that's for my insurance company to battle, not me. I told them the tree wasn't mine but I think Kentucky law states that once a limb falls, where ever it lands is whose problem it is.
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