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Property drainage, need advice

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KURT

08-27-2002 02:03:09




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Hello all, this has nothing to do with IH tractors but I need sound advice from you guys. There is no where that I know of to get the opinions of educated people (and a lot of them) so here is my problem. 2 1/2 years ago I completed building my house on 2 acres. However I created a damn with my new driveway, my neighbor was ticked. So I hired my excavator to comeover with a backhoe to dig a trench and drain a large pond I had created on my neighbors property. I put in a culvert pipe under the driveway and 100' of 12" diameter plastic pipe under the ground on my property. And for two years my neighbor did not complain. But now my neighbor thinks that my culvert pipe is not low enough (even though there is really no water problem to speak of except in the spring thaw season when it takes a few days for the water to drain through the culvert pipe) Mind you I spent $1000 to have the trench dug and that includes the cost of the pipe. I just think this guy is not going to be happy with what I do anyway. Sorry for the novel. Thanks in advance for any sound advice.

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Back to Farmalls

08-28-2002 07:14:36




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
This is kurts mess



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rick in IN

08-27-2002 12:58:28




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
I am not a lawyer or an landscape engineer. But, I have heard of people putting in a storage tank with a sump pump. It takes the water away from the surface and then allows the water to drain slowly out when the soil can absorb it.

just a thought



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Mike

08-27-2002 12:49:32




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
I am having a driveway put in next month. Culverts were the first thing I bought. My driveway is running right along the edge of my neighbors property(600 feet), my land has a permanent access easement through his property.

Last month he said I would have to pay him for any damage to his property from driving through it. He said if he laid down new sod and I damaged it, I would have to fix the sod or pay him to fix it. I told him call his lawyer, because my lawyer and the deed says I can build a road right through the easement even if it is over the top of his new sod. I have to maintain the road, but I would anyway if it were on my property. I also paid him a large sum of money for utility easement. ($10,000+)

Matter of factly, I am having the dozer man tear out 7 trees, the owner said save them if I can, but frankly, I don't want to trim them every year and have them scratch my cars when driving out. And the power company says I have the have the area accessible to them and their equipment so the trees are history. He won't like it but he has several thousand dollars to buy new ones. Funny, thou, last week he said he wasn't in a financial position to put down $400 in concrete. I am thinking what did you do with the cash I gave you?

Some people are never happy and I may be moving in next to one!!!!

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KURT

08-28-2002 03:47:02




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 Re: Re: Property drainage, need advice in reply to Mike, 08-27-2002 12:49:32  
I always try to be cordial and my neighbors have been cordial to me. But the tree issue w/you can be solved probably very easily, have a tree mover come and take them and give you money for them. That way you get something out of it.



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Captn.n/e,Mo.

08-27-2002 08:44:12




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
We had a peeing contest with a neighbor several years ago and the guy just wasn't happy with anything ,came over complaining about water every few weeks.This went on for years,Done several hundred dollars of dozer work .Finally I got fed up and told him he could buy the farm from me for my price or sue me or just shut up about it. He sued me and lost,I showed the judge pictures of the ditch and the road while raining and reciepts for all the dozer work,judge threw it out,end of story,end of problem.
Some people just wont be happy unless they have something to complain about.

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KURT

08-27-2002 09:20:18




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 Re: Re: Property drainage, need advice in reply to Captn.n/e,Mo., 08-27-2002 08:44:12  
I like the way you think pal. My neighbor is still very friendly about the whole thing but it erks the $hit out of me that he hasnt said a damn thing about it until 2 months ago. And the driveway has been like this for 2+ years now. the guy doesnt have the water vs. gravity concept down yet.



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FC

08-27-2002 08:18:02




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
About the only thing you can do is try to talk to him and see what ideas he has. Sounds like you have already bent more than I would to help. Maybe there is something that could be done on his property to help. Not uncommon for a neighbor to cause water drainage problems. My biggest problem is usually the county and the way they feel they can drain road water off on me wherever they wish, or take more easement even if it means damaging my fence in the process. I usually just fill the drains then call them and tell them about it, and what I have done. Funny thing is they NEVER ask or say anything if they damage the fence. Talk to him and see if you can work it out and if you can't don't worry any more about it. I doubt there is much he can do short of taking you to court.

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Don LC

08-27-2002 08:47:31




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 Re: Re: Property drainage, need advice in reply to FC, 08-27-2002 08:18:02  
You can't drain run off water onto your neighbor.....If your driveway stops the runoff,sounds like to me he is draing his water on you..... he needs to be part of fixing this problen....You took the first step and tried to help "HIM" with his run off problem,after all the co. looked over the property and gave you a building permit..... IF I was your neighbor I would be working with you not against you.....I think you have more than tried to help him.....now its his turn....His builder graded his lot to drain onto your lot.....Now he has a problem...Be friendly about it,but call the county out to evaluate the problem...that way you can't blame each other...

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Richard C

08-27-2002 06:43:47




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
No offense but I see how your neighbor is upset. If he was there before you and had no problem, then you came in and flooded his land. Even though you tried to fix the problem it seems only half fixed. The way I see it the last man in needs to fix any problems he causes. I have seen these same drainage problems around here. People are buying pasture land and developing it they don't think about the routs water have been taking for thousands of years. Its a shame to see the land go. Just my opinion. hope everything works out for everyone.

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I agree with Richard C

08-27-2002 08:07:36




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 Re: Re: Property drainage, need advice in reply to Richard C, 08-27-2002 06:43:47  
Richard C and Kurt: Richards comment that last man in needs to fix any problems he creates stated it well. The more notes I read of Kurts, the less I agree with his view. Flooding mature trees is not good for the root system and can KILL these trees over just a few years. That's damage to the neighbor from Kurt. I think Kurt needs to pay. I had a similar problem 11 years ago. A person down stream blocked the natural water flow. She had to pay. No way to squeek her way out of a drainage problem by down grading those upstream. A few thousand spent on improving drainage is chump change when building a new home. Gene

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Joe Smith

04-29-2005 13:14:48




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 META HTTP-EQUIV=Refresh CONTENT= in reply to I agree with Richard C, 08-27-2002 08:07:36  
<a href=http://pussy.matures-stories.com/>mature pussy</a>


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KURT

08-27-2002 07:06:17




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 Re: Re: Property drainage, need advice in reply to Richard C, 08-27-2002 06:43:47  
Remember that all the water drains in a few days, it doesnt stay there for weeks



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Ludwig

08-27-2002 08:07:45




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 Re: Re: Re: Property drainage, need advice in reply to KURT, 08-27-2002 07:06:17  
Yeahbut if your neighbor needed, for example, to move some hay to some cattle and had to drive through that area, even if it only happened on that one day, and even if he could go through elsewhere you've caused him to have to change his ways on his land. Thats not a very good practice.

The best thing you could have done was ask your neighbors opinion in the first place. If his plan didn't work you'd be vindicated to say "well I did what you wanted, what more can I do?" but since you didn't you need to check in now.
I definately sense there is more story here, where does the second neighbor you mentioned come into it all?

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Kurt

08-27-2002 09:24:14




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 Re: Re: Re: Re: Property drainage, need advice in reply to Ludwig, 08-27-2002 08:07:45  
It is a real loooonnnnngggg story, believe me. and I am right in the middle of the two guys. I took the first step two years ago by draining the one guys land (which I had to do or he could have sued the crap out of me) and paying hundreds of $$$ for for the excavating. But now two years later he still isnt happy but for those two years he didnt say a damn thing and rightfully so, there really is no problem.

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Randy

08-27-2002 06:26:45




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
Did you have to obtain a county permit to construct this drive and house prior to building ? If so you may want to check with the local engineers who are supposed to have all drainage situations worked out with requirements prior to any construction which translates into, you may be able to get some county assistance.



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KURT

08-27-2002 06:46:31




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 Re: Re: Property drainage, need advice in reply to Randy, 08-27-2002 06:26:45  
The township says that you cant block or obstruct the natural drainage flow of water, the township also thinks that the citizens can solve the problems themselves. Keep in mind that the area where water sits for a few days is in a heavy wooded area where my neighbors house and garage are nowhere near this area. He owns 20+ acres.



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Bus Driver

08-27-2002 04:36:57




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
Agreed that this person will not really be pleased no matter what. Most of us might feel the same if our positions were reversed. Possibly the ponding on the neighbors will lessen over time due to silting of the low area. Perhaps best to discuss with the neighbor and ask what solution he suggests. There is a chance that he has a workable solution. If so, do it. If not, at least you better understand how and what he thinks. Even if he suggests the unreasonable or unaffordable, give it a few days and your creativity may be stimulated by his remarks.

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Gene

08-27-2002 04:18:41




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
Kurt: Your comments are only HALF of the story? Your neighbor may have a very valid view also. The laws vary a lot so it's best to check your local laws. Ask around to people who deal with that sort of thing befor going straight to a high priced lawyer? There are many laws that do always follow logic when it comes to property rights or drainage rights. Here in my county one person can NOT restrict natural water flow so as to cause excess water on the neighbor upstream. That seems to fit your case so that makes you libel to returning drainage back to the condition it was befor you built a driveway. G.

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KURT

08-27-2002 04:39:20




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 Re: Re: Property drainage, need advice in reply to Gene, 08-27-2002 04:18:41  
Yes you are correct to a point, but the issue would be how long is the water allowed to sit there, 1 day-2days or more until it all drains. I dont know but before I built the house/driveway the water just emptyed over the land, obviously there will be a restriction when it goes through a culvert pipe, The other issue is that I have another neighbor that wants to dig up the whole thing and redo it, so he can get some money out of me. I am not and refuse to pay for this job twice!..... .

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JD Humm

08-27-2002 02:17:57




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 Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:03:09  
Sounds to me like your neighbor will not be happy no matter what you do. You apparently helped the problem a bunch, if not taking care of it completely so I would tell him to kindly not bother me with that anymore. I have found that some people just have the need to gripe about something at all times and he sounds like one of them.



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KURT

08-27-2002 02:39:49




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 Re: Re: Property drainage, need advice in reply to JD Humm, 08-27-2002 02:17:57  
Thanks for the advice, and being up at 5:30AM. Your right no matter what I do He wont be happy.



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Chad Penny

08-27-2002 06:58:33




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 Re: Re: Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:39:49  
Sounds like maybe the guy might be upset that he has a nice new house so close to him where there was nothing before. I think he has to look at it that things change in a neighborhood and what if it was him the spent the money for the new house and the new drain feild. I live in a naturaly wet area and I have water sitting with every little rain fall. Maybe his and your property is a naturaly wt area that hold water anyway?
with everything there is a solution so good luck.
maybe he should help you pay for to fix the problem if he wants to drain his property off through yours?

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Dick Davis

08-27-2002 02:54:26




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 Re: Re: Re: Property drainage, need advice in reply to KURT, 08-27-2002 02:39:49  
Sounds like something that lawyers will eventually get involved with - boy is that bad news! In rural Iowa the County Supervisors and Township Trustees are the local govenment responsible for solving neighbor disputes on fences and drainage you might check to see who handles these situations in your local. Good Luck and I don't disagree that you've got a permanent disgruntled neighbor there no matter what you do. Dick

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Mike

08-27-2002 12:36:55




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 Re: Re: Re: Re: Property drainage, need advice in reply to Dick Davis, 08-27-2002 02:54:26  
Dick, where in Iowa are you from?



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