Who's responsible ?
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Lead Driver
Joined: Mar 2004
Posts: 8,922
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Who's responsible ?
When it rains hard the field behind my house drains across my property. It's like a river. I want to build a new garage in the area that the water rushes through. The field tile runs under my property down to the road & my willow tree plugged it up on my prorerty. The water was perculating up through the ground into the yard when it rained adding even more water in my yard. So I fixed it at my expense and I had a catch basin put in where the water enters my property and a seperate pipe for it down to the road. Well it still floods, the guy that did the work said that for around 500$ he could bring his dozer into the field & fix it so the water runs off before getting to me. It seems to me that the people that own the field should have it done and they should pay for it. But I'd like to know where I stand legaly before I approach them. They seem to be nice people.
Elder User
Joined: Sep 2003
Posts: 753
Likes: 2
From: Oklahoma
Mark,
Legally, they should be responsible for it, but to get a judge to say that would be pretty tough. I think your best bet would be to approach the owners of the property, let them know what your problems and plans are and see if they would be willing to work out solution with you.
If they wouldn't pay for the entire job, maybe they would be willing to go halfs with you.
Good luck!
Tim
Legally, they should be responsible for it, but to get a judge to say that would be pretty tough. I think your best bet would be to approach the owners of the property, let them know what your problems and plans are and see if they would be willing to work out solution with you.
If they wouldn't pay for the entire job, maybe they would be willing to go halfs with you.
Good luck!
Tim
Super Moderator
Joined: Apr 2004
Posts: 34,503
Likes: 2,818
This is one of those things that drives me wild. This has been "asked and answered" a million times, yet if you consult a real estate attny, you will probably have to pay a fortune and turn it into a lawsuit to get the same answer as the last guy.
I was checking on a drainage issue for our townhouse assoc. a few years ago. The end result--water flows where it will and when it gets to you, it's yours to take care of.
Your neighbor may help if a benefit to him can be shown.
From your story it does not appear they have done anything that has made this a problem, it's just natural runoff, right? They didn't pave over the lot of build a huge building and drain it your way....?
Good luck.
I was checking on a drainage issue for our townhouse assoc. a few years ago. The end result--water flows where it will and when it gets to you, it's yours to take care of.
Your neighbor may help if a benefit to him can be shown.
From your story it does not appear they have done anything that has made this a problem, it's just natural runoff, right? They didn't pave over the lot of build a huge building and drain it your way....?
Good luck.
Lead Driver
Joined: Feb 2003
Posts: 8,140
Likes: 4
From: Oak Harbor, OH
Actually, if you read his post, "The drainage lines run through MY property". They have had some runoff protection installed, but not enought. He has also had some other work done out of his own pocket.. It sounds like it's time to either move, or confront the other property owner, if it is causing damage to Mark A's land then he can sue for water damage.
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