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Message
re: Drainage issue - pissed off neighbors
Posted on 5/27/20 at 8:18 pm to lsu777
Posted on 5/27/20 at 8:18 pm to lsu777
quote:
Bottom line is it's going to be a lot cheaper to do whatever I can to help him. At a minimum on a temporary basis. If I have to go to court even if I win, gonna cost me more. This thread has shown me that and as this thread proves this is a very gray area And never know how the court will rule. Can't chance that.
Us as other have said, last thing I want is a pissed off neighbor that calls the cops saying I'm too loud every time I go outside
The OT proves once again to be the best resource on the planet
Posted on 5/27/20 at 8:23 pm to lsu777
quote:
lsu777
Not trying to hijack the thread.... where you getting your lumber for the house from?
Posted on 5/27/20 at 8:27 pm to pistolpete23
Whatever the builders save more is called now
Posted on 5/27/20 at 8:33 pm to lsu777
It’s Doug Ashy now... reason I asked is I’m in the Truss business and supplied the trusses for a few of the homes in their Lot 74 is a guy named Trinadad... and we did lot 70 and 78 too... they went through Stine LC....
all those were off the ground
all those were off the ground
Posted on 5/27/20 at 8:37 pm to pistolpete23
Yea I looked at his house, it's nice. Mine will be on slab and I will not have any trusses except above the garage and yea it's Doug ashy or whatever now.
Posted on 5/27/20 at 9:27 pm to SlowFlowPro
That bridge crossing was fubar by the way engineers and won’t happen anytime soon. They forgot to factor in the rr tracks on sallier so it’s on hold.
Will need a hellofalot of grade which is going to make it cost prohibitive vs the previous design.
Will need a hellofalot of grade which is going to make it cost prohibitive vs the previous design.
Posted on 5/27/20 at 10:57 pm to Champagne
Little bit of an update:
So I went through Google Earth historical photos and snipped them. Found that his yard hello water even back in 2013.
Our subdivision was created in 2016 and was drainageapproved to take the watershed from the area. Photos in 2015 and before clearly show no swale ditch and his yard holdinf water along with the very back half of mine.
Photo from the development with all dirt from 2016 clearly shows no swale ditch or natural drainage from his property.
Photo from March 2017 where grass has developed on my lot clearly shows no drainage or Swale ditch from his land onto mine.
Photo from September 2017 suddenly shows the Swale ditch from the back of his property onto mine. It shows it running onto mine and stopping in the center of the property, not draining to the road.
So drainage is not natural as 6 months is not nearly enough time for that kind of Swale to develop naturally. Not sure who put the ditch there but the city clearly approved the original grading and drainage prior to the same being dug. I will call and speak with the developer tomorrow to see if they dug the Swale or not.
I will speak when the city again tomorrow and send them the evidence that the Swale and drainage from his lot was man made and not natural. Feel pretty damn confident I am not liable, but I don't want it to go to a lawsuit as I said before, that will be a huge headache for everyone involved.
I am going to speak to the city about the fiber optic line behind run down the back of the property. In general utilities are run n in the front. If I can get that moved, I can offer to put a Swale in to drain his water. If not I'll offer to cover some of the cost for him to have drainage put in for him to drain to the front. I'll lay all the evidence out to him and make him understand I'm not obligated to do anything, but am willing to help as much as possible to be a good neighbor.
So I went through Google Earth historical photos and snipped them. Found that his yard hello water even back in 2013.
Our subdivision was created in 2016 and was drainageapproved to take the watershed from the area. Photos in 2015 and before clearly show no swale ditch and his yard holdinf water along with the very back half of mine.
Photo from the development with all dirt from 2016 clearly shows no swale ditch or natural drainage from his property.
Photo from March 2017 where grass has developed on my lot clearly shows no drainage or Swale ditch from his land onto mine.
Photo from September 2017 suddenly shows the Swale ditch from the back of his property onto mine. It shows it running onto mine and stopping in the center of the property, not draining to the road.
So drainage is not natural as 6 months is not nearly enough time for that kind of Swale to develop naturally. Not sure who put the ditch there but the city clearly approved the original grading and drainage prior to the same being dug. I will call and speak with the developer tomorrow to see if they dug the Swale or not.
I will speak when the city again tomorrow and send them the evidence that the Swale and drainage from his lot was man made and not natural. Feel pretty damn confident I am not liable, but I don't want it to go to a lawsuit as I said before, that will be a huge headache for everyone involved.
I am going to speak to the city about the fiber optic line behind run down the back of the property. In general utilities are run n in the front. If I can get that moved, I can offer to put a Swale in to drain his water. If not I'll offer to cover some of the cost for him to have drainage put in for him to drain to the front. I'll lay all the evidence out to him and make him understand I'm not obligated to do anything, but am willing to help as much as possible to be a good neighbor.
Posted on 5/27/20 at 11:14 pm to lsu777
quote:
so long as I'm not draining on to his property, he is responsible to drain his and that his drainage is required to go to charvai
By that logic I could build a damn in the river and as long as it was sloped downstream I wouldnt be responsible for flooding anybody, cause the water that lands in my yard is still draining directly into the river
Posted on 5/27/20 at 11:25 pm to DownshiftAndFloorIt
I don't block any natural drainage. Your example is blocking it. Read the thread, it's all explained in it
Posted on 5/27/20 at 11:54 pm to lsu777
What photos?
Posting them would be helpful in this thread.
Posting them would be helpful in this thread.
Posted on 5/28/20 at 12:10 am to lsu777
Do old topo maps reveal anything?
Posted on 5/28/20 at 10:54 am to East Coast Band
So city ruled in my favor. Still got my lawyer looking at it. Lawyer says don't do anything until after he looks at it as me doing anything could be perceived as admitting fault.
The old satellite photos show that his land always held water even before my subdivision was created. Even back in 2006 is very clear he held water in the same places he does now. Once trees were cleared it shows how his neighbor to the south flowed across my southern neighbors yard into a culvert that ran under a rock road.
The Swale ditch that was on my property is no where to be found. In 2016 it clearly shows the grading of my land after the trees were cleared off of it and there is no swale. March 2017 shows grass on the property and again no swale.
In the Sept 2017 photo the Swale first appears. Issue is it clearly does not flow anywhere and just flows out onto my property and stops. Funny part is the Swale never even went all the way to his land as he claimed.
I also have my survey done before the I built that shows the location of the Swale ditch and the elevations prior to building. The survey clearly shows that I was higher than him to begin with and that my property was higher to begin with but still flowed away from his house.
I still want to try and come to some kind of resolution, but pretty clear now I am in the right.
The old satellite photos show that his land always held water even before my subdivision was created. Even back in 2006 is very clear he held water in the same places he does now. Once trees were cleared it shows how his neighbor to the south flowed across my southern neighbors yard into a culvert that ran under a rock road.
The Swale ditch that was on my property is no where to be found. In 2016 it clearly shows the grading of my land after the trees were cleared off of it and there is no swale. March 2017 shows grass on the property and again no swale.
In the Sept 2017 photo the Swale first appears. Issue is it clearly does not flow anywhere and just flows out onto my property and stops. Funny part is the Swale never even went all the way to his land as he claimed.
I also have my survey done before the I built that shows the location of the Swale ditch and the elevations prior to building. The survey clearly shows that I was higher than him to begin with and that my property was higher to begin with but still flowed away from his house.
I still want to try and come to some kind of resolution, but pretty clear now I am in the right.
This post was edited on 5/28/20 at 11:19 am
Posted on 5/28/20 at 10:59 am to AgCoug
quote:
but I can’t see how it’s your fault
He elevated the natural drainage basin.
It's up to him or the developers to fix it.
Posted on 5/28/20 at 11:12 am to lsu777
quote:
Even back in 1006 is very clear he held water in the same places he does now.
Damn, google earth is amazing. They have any medieval/dark ages street view?
Posted on 5/28/20 at 11:18 am to magildachunks
quote:
He elevated the natural drainage basin.
It's up to him or the developers to fix it.
No I didn't, have to survey that was performed in October 2017 that proves that. Also have have a PowerPoint I put together that has the photos from 2006 to present that show the Swale was added between March 2017 and September 2017. The Swale runs on my property only and even at it's lowest point was above his property. The Swale was also not natural.
Survey shows through elevations that my water flows to the southeast across my property into the planned city drainage.
My house pad also is crowned and higher in the rear than the front.
His lack of drainage is not my issue.
Posted on 5/28/20 at 11:19 am to Coon
quote:
Damn, google earth is amazing. They have any medieval/dark ages street view?
Posted on 5/28/20 at 11:29 am to lsu777
Good job man. This guy is always going to act like it’s someone else’s fault if he doesn’t realize he can’t use property that isn’t his for drainage
Posted on 5/28/20 at 11:38 am to lsu777
One thing to consider. Even if you are right, a pissed off neighbor can make you miserable. See if you can gain some trust and move to a compromise if possible.
Posted on 5/28/20 at 11:45 am to AUCE05
quote:
One thing to consider. Even if you are right, a pissed off neighbor can make you miserable. See if you can gain some trust and move to a compromise if possible.
That's the plan. Lawyer doesn't want us to do anything yet. Suddenlink won't move the damn fiber optic either so I can just dig a new Swale down the Lines like I would like or install drainage with catch basins across the back.
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