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Old 02-23-2014, 06:48 PM
 
413 posts, read 242,223 times
Reputation: 320

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Quote:
Originally Posted by JanND View Post
Lengthen the pipe, so that it doesn't drain into your neighbors trees...making it a ditch...just move the pipe so that it is only on your property, which should have been the case when you put all this maze of pipes together originally. Looking at your pics above, I'd be PO'd too....You've made a mess of her area...while yours looks nice and neat. Correct it...IMO she has a valid complaint...especially since you're essentially routing and redirecting the run off from a series of pipes...as you stated in your first post....gutters etc....IMO, she has to have been putting up with this, probably why she tried putting stones there....and is just fed up.
I've done none of this and as I said, I sympathize with her. But I'd like to understand the legalities of this in addition to what it means to be a good neighbor. Also, the fact remains that pipes or no pipes, there will be lots of water in the side ditch. I'd like her to focus on us working together to fix the ditch, because that needs to be done regardless.

 
Old 02-23-2014, 08:48 PM
QIS
 
Location: Redlands, CA
652 posts, read 1,684,869 times
Reputation: 351
Hi Bullcity,
There is a line of trees running to the end of the property left of your left drainage pipe. I can see where there is a rise in the grade and there will be roots-a-plenty ,but, I would just get out the maddox, a shovel, and a good set of gloves and get it done. By your description, if you follow that line of trees down to where that biggest tree is, you will be solidly on your own property
The natural water over other wise un-manipulated landscaping when everything gets overwhelmed is not a legal concern. Its a shame they are complaining though as it looks like you are helping make a nice little stream, however, you are using a man made system to drain your runoff onto someone else's property.
Once you extend the pipes or add a ditch on your property, you have acted prudently and in good faith.
 
Old 02-23-2014, 08:55 PM
 
413 posts, read 242,223 times
Reputation: 320
I'm wondering though, if I extend the pipes to the front ditch, the water will also immediately flow onto the neighbor's property. The neighbor is OK with this. So what difference does it make which ditch I flow into? As it is now, the water flows into the ditch it would have flowed into without the pipes.

Ultimately, I will probably just do it just because, but the legalities will determine the timeline.
 
Old 02-23-2014, 10:03 PM
 
Location: Looking over your shoulder
24,052 posts, read 16,111,138 times
Reputation: 56720
Quote:
Originally Posted by BullCity75 View Post
I'm wondering though, if I extend the pipes to the front ditch, the water will also immediately flow onto the neighbor's property. The neighbor is OK with this. So what difference does it make which ditch I flow into? As it is now, the water flows into the ditch it would have flowed into without the pipes.

Ultimately, I will probably just do it just because, but the legalities will determine the timeline.
Extend the pipes below ground level on your property to the main ditch at the road/street. Cleanup the area and make the neighbor happy it can be a big payoff later down the road. As for laws and rules about water runoff, different states have different laws. However from most areas that Iíve seen, the property owner is required to control the water runoff from his property.
 
Old 02-23-2014, 10:09 PM
QIS
 
Location: Redlands, CA
652 posts, read 1,684,869 times
Reputation: 351
The area directly near the street might well be an easement;they have far less standing there.
 
Old 02-23-2014, 10:47 PM
 
Location: Out there somewhere...
28,210 posts, read 21,126,571 times
Reputation: 76099
In our area we are not allowed to create un-natural drainage onto neighboring property. We would be responsible for any damage caused and correction methods.
We have French drains and seepage pits in our yard to take care of downspout water and other un-natural caused water run-off.
 
Old 02-23-2014, 11:16 PM
 
Location: Johns Creek, GA
6,773 posts, read 21,441,188 times
Reputation: 5287
From your other info and the pics-
The drainage ditch in the side yard was probably done when your house was built in order to prevent the additional runoff created by impervious surfaces- your roof, drive, sidewalk, patio, etc.
And I take it that it DOESN'T follow the property line because there wouldn't have been enough fall- so, consequently run-off is TECHNICALLY running on your neighbor's property.

As the old rule-of-thumb goes- you can't dump/drain onto your neighbor (exception: deeded drainage easements). In my opinion, THAT is a drainage easement (recorded or not). But, the only way you'll know for sure is to find the recorded plat for your's and your neighbor's properties. Then you'll know the legalities of your current condition.
 
Old 02-23-2014, 11:20 PM
 
Location: Cold Springs, NV
4,576 posts, read 2,712,594 times
Reputation: 4754
Quote:
Originally Posted by K'ledgeBldr View Post
From your other info and the pics-
The drainage ditch in the side yard was probably done when your house was built in order to prevent the additional runoff created by impervious surfaces- your roof, drive, sidewalk, patio, etc.
And I take it that it DOESN'T follow the property line because there wouldn't have been enough fall- so, consequently run-off is TECHNICALLY running on your neighbor's property.

As the old rule-of-thumb goes- you can't dump/drain onto your neighbor (exception: deeded drainage easements). In my opinion, THAT is a drainage easement. But, the only way you'll know for sure is to find the recorded plat for your's and your neighbor's properties. Then you'll know the legalities of your current condition.
He means plot plan not plat. Most consider this the civil drawing.
 
Old 02-24-2014, 12:08 AM
 
42,309 posts, read 46,085,939 times
Reputation: 13170
In some areas and some states you can not make drainage that floods your neighbor land without being liable for damage by suit.natural drainage is a different issues as long as changes you made did not effect it.
 
Old 02-24-2014, 08:44 AM
 
3,563 posts, read 2,980,923 times
Reputation: 5429
In my area, draining water from your property to a neighbor's property is basically a no no.
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