I apologize, but I really would need a visual, but if I can hopefully summarize properly:
the drain the neighbor installed is a code violation,
the neighbor changed the topography of their lot, by flattening it, and
the neighbor added said stormwater drain, which changed the way their lot drains.
And it’s just like rain falling on your yard and naturally draining downslope to someone else’s lot? Really? Personally, I’d say “nice try.”
If all that is even remotely true or partially correct, then time to talk to your neighbor and let them know that you plan to hire an attorney unless they correct the condition(s). And it’ll cost both of you a BOATLOAD of money to both sue and defend.
BTW, one thing I’ll add, but here in CA, the seller of either property (yours and your neighbor’s) with our Transfer Disclosure Statement (TDS) and Supplemental TDS, would have check multiple boxes and add an explanation.
Just me personally, life is too short, I’d look elsewhere, if I were a buyer. Now, if I were a 20 or 30 something, looking to add value to a “depressed” property (neighbor disputes), then I might have “both ham AND eggs.”
Bottom line. This issue MAY be affecting the value of both properties.
Can people make a claim when they build on someone else’s property? The drain pipe is a flex hose. If I just pull it out and push it into their yard, what kind of claim can they make?
@sushiritto It sounds like it would be better not to put it on the record in that case. It shouldn’t be hard to dig and pull out the flex hose. I can just do that myself.
Yes, but they’ll have to defend that claim. That gets back to prescriptive easements. But I’m not a lawyer.
If your neighbor is reasonable, then maybe the two of you can find a compromise, before the whole thing blows up and it’s $10,000-$20,000 +/- later for each of you. Try and find a solution. Almost anything is cheaper than hiring lawyers.
Funny you mention a dog fence. The neighbor suggested a fence but they haven’t acted on it. They sounded like I could put up a fence. They suggested a design for the fence. I just said, your dog, your fence, your choice.
Plastic flex hose? Really? Sheesh, I thought we’re talking about RCP (reinforced concrete pipe), cast iron, clay, galvanized steel, copper or even PVC. Again, I’m no real estate lawyer, but plastic flex hose doesn’t say “I’m here to stay for 50 years.” Not that plastic flex hose speaks.
I’d begin a “landscaping project” in said affected area and rip it out and say “Oops! What’s this? Meh, I gotta keep moving. Time is money.”
Of course, there’s now an online record of your knowing about the darn “pipe.” I’d still consult a lawyer, but plastic flex hose buried below grade demonstrates,TO ME, that it’s not intended to be a permanent solution (or a solution at all) say like the types of actual pipe that I mentioned above.
The neighbor dispute we were retained to advise on about three years ago is still ongoing. It’s the project we’ve billed the most for, after 22 years in business.
I would ask the engineer who checked it out for solutions. I’d think you could cut it off at your property line but not pull it out from under theirs. But will cutting it off create and adverse drainage situation in your property? I’d ask your engineer who is familiar with your local and state codes and laws
Totally not legal advice, but water runs downhill. If you remove the pipe from your property and add a hill on your side causing a swale at the junction, it might run the water a different direction more preferable to you.
I showed this whole thing to H (the engineer). He said to check with the “higher power,” aka whose code it violates. See what they suggest. Ask what they would do. They might suggest a lawyer.
Mediation is cheaper than a lawsuit if the other party would agree to it.
He also said if this is a foundation drain and water backs up into their place ruining things, yes, you could be responsible in court. It’s plausible, but he’s not a lawyer. They could also be responsible if it’s caused damage to your place, esp if it’s not up to code.
He would NOT just chop it off unless it’s an above ground pipe and you continue to let the water flow “somewhere.” However, if the pipe is underground and was designed to flow into an underground bed, you’re likely to be causing damage if you stop it.
I’m really not that qualified enough to give expert answers on your drainage situation, but I’m going to weigh in anyways.
Source: I’m an assistant technician to the urban planners in my relatively small northeast municipality. Almost ironically, it’s one of my EC’s, but maybe I could provide some advice.
Here’s what I’m going to suggest:
Temporarily line your property borders (or at least the border with your neighbor) with yellow/orange construction tape. It won’t look pretty, but this will help establish solid boundaries AND allow you to focus on one issue at a time—in this case, it’s the drainage issue.
Go to a local zoning meeting. Assuming you live in a town/city of under 50K (and COVID hasn’t wrecked any visiting policies), you should be able to present your case at the meeting. “Presenting a case” isn’t as big a deal as it sounds—normally, they budget a few minutes into every meeting to deal with residential issues. Just be sure to bring a few photos/documents of the issue with you, and they should be able to provide advice/answers.
The Zoning/Planning Board should either give you advice OR offer town services. If the former, then heed their advice. If the latter, then they’re probably offering to remove the drain/re-install a new one. It might sound silly, but some municipalities take watershed management very seriously—enough so that they would provide the services to safely and effectively reroute the drainage.
Once the drainage issue is solved, I would establish a basic split-rail fence on your property boundaries. Of course, the style of your fence may depend where you live (split-rail is popular in rural/suburban-ish areas, not so much urban/dense suburban areas), but a split-rail fence would likely prevent a medium-to-large sized dog from getting through. Or, go with low-maintenance bushes with prickles in them. Rose is a good pick—as long as you choose a native specimen.
Personally, I’d say “nice try.”
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