Property question

Page 1 of 2  

If I survey my property line and dig a ditch around my property up to that line, am I responsible for my neighbors land sliding into my ditch?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Yes.
Fill it with water and alligators so they can't get to you.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
LSMFT wrote:

You might need permission from the local government officials. It doesn't take much for a draw to be called a stream. A local farmer wanted to do some work to his farm to run an irrigation system. I think even the Army Corps of Engineers got involved. This draw was dry most of the time. It had running water in the spring during the snow melt and maybe sometimes after a heavy rain. Another problem might be if your land is called a wetland. Has a duck landed there in the last 5000 years or so? I'd suggest doing a little checking before you start.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Good advice. My BIL bought some acreage, and had a front end loader. He cleaned up the "bottom", clearing downed wood and trash that had accumulated, and building a berm so that the water would run just down the "draw", and not all over his property, which then turned to pudding.
He has a neighbor who thinks he owns the world. The neighbor called the state. BIL got a registered letter to cease and desist until an investigator could inspect what he had done already, stating that if he had violated the law, he would be tortured, and his children sterilized, or something to that effect.
The inspector came and inspected as all good inspectors do. My BIL, in his usual way, started talking to the man before he got out of his truck, and by the time he left, found out that they were distantly related (Everyone in Utah is anyway) and knew some of the same people. The inspector said that he had very much improved the flow of the channel, but that since it WAS an existing channel, that he should have gotten a permit and permission first. Score one for the neighbor. He added that since he had done it so well, that he was not going to cite him, but that next time, call first. He then went to the neighbor, thanked him for being a snitch, and that he had issued a warning to my BIL not to do it again. He also inspected the neighbor's lot, and issued him a warning to clear the downed wood along the creekside, and reduce the fire hazard. If the neighbor hadn't been a dick, my BIL would have done it for fuel, but now the neighbor had to pay to get it done. Score one for BIL.
So, for a few days, my BIL was worried. And, he could have been fined if he had done it incorrectly. My BIL asked about the sterilization of his children, but the agent said that it was not a serious enough offense. THIS time.
Moral, ask first. It could go either way, for or against you.
Steve
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Sun, 14 Mar 2010 07:02:24 -0700, "Steve B"

I love it!
--
Work is the curse of the drinking class.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Steve B wrote:

At least he didn't suffer the fate of one building contractor who dug a foundation for a building. It rained the next day and some government official showed up and informed the contractor that the flooded excavation was now a wetland and couldn't be pumped out. I wish I had a link to the story, perhaps a search because I read it some years ago. It's a shame this nonsense has been going on for so long that we often forget it.
TDD
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Sun, 14 Mar 2010 13:46:12 -0500, The Daring Dufas

Me too because the Reahard case in Lee County Florida established that if a property was not a wetland when you bought it, if it is declared a wetland later it is a "taking" and you deserve just compensation. $22 million in that case (40 acres)
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@aol.com wrote:

It was years ago and a couple or three administrations back. I recall another story about some guy in California who planned to drain and develop some land he bought. Some Fed shows up and informs him that his property is the habitat of some snail and he is prohibited from destroying the habitat. And I do remember watching some TV show some years ago where a group of Negro men wanted all black males declared an endangered species by The Interior Department and have their own habitat and laws against molesting them. Darn, who wouldn't be jealous of animals that seem to have more rights and protections provided by The Federal Government than human beings have. Imagine not being able to clear out a group of homeless men under a bridge because The Federal Government has declared it to be their habitat. GEEEZ!
TDD
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Sun, 14 Mar 2010 20:03:03 -0500, The Daring Dufas

The Reahard case is from the late 80s and pretty much covers any change in the zoning or environmental status of a property that will affect your ability to develop it. If you bought a property without a restriction and the government applies a restriction later it is a taking. They have to pay. It went all the way up to the 11th US District court that ruled for the landowner. It was appealed to the SCOTUS who let the district court ruling stand.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@aol.com wrote:

I thought of Klamath Falls which isn't quite the same scenario. Farmers were denied irrigation water they normally got because the water had to be saved for some sort of varmint. I don't know the outcome of that one.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Mon, 15 Mar 2010 05:57:41 -0500, Dean Hoffman

For some strange reason water rights are not the same as property rights and the government usually owns the water ultimately, only granting permits for the land owner to use it. I really believe we will run out of water long before we run out of oil.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In typed:

If you could legally do so, yes, you would be. But there are setbacks and sort of right of way rules that would say you couldn't do that within x feet of the other's property.
HTH,
Twayne` -
--
Newsgroups are great places to get assistance.
But always verify important information with
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
LSMFT wrote the following:

you dig, but I am just wondering, what is the purpose of the ditch?
--

Bill
In Hamptonburgh, NY
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Boulders work beautifully, and they can be very attractive landscape. Easy to trim around with a weedeater. All you have to do is water them and polish them occasionally. I have some old satellite dishes that are about two feet in diameter I have put on top of mine, drilling holes and inserting three pieces of rebar for supports. Brings in the birds for watching, or squirrels for stew. Yummy!
Steve
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Sun, 14 Mar 2010 09:14:38 -0700, "Steve B"

That does sound like a good idea if only cars are involved, but I'm wonderng if the big trucks will push the boulders farther onto his lawn and there will be another fight about that.
The OP says nothing about discussions with the land owner next door, whether he is cooperative, whether he owns the trucks or they are visiting trucks. In other words, how much direct control he has over them. I also wonder if there is any indication of where the boundary is. If the original boundary has been crushed to death and it looks like the boundary is 2 feet further in, then it's not surprisign that once in a while someone goes two inches beyond that, and so on. A method need be made to mark the boundary in a way that isn't erased when a truck or several drive over it. The bouldrers sound good for that, but there must be other ways too.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
mm wrote:

couple of 1000 lbs armour rock would do. To move them you ned a big Bobcat. No one would want mosquito pond around the yard.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Steve B wrote:

There's a fellow with land next to a beautiful lake in Eastern Alabama who discovered that "No Trespassing" signs don't work for fishermen's pickup trucks. He installed a line of pickup truck sized boulders that can't be ignored. Not sure what size you would need for dump trucks. Perhaps some axle busting cross ties 3/4 vertically buried linked with some big chain?
TDD
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
The Daring Dufas wrote:

3-foot pieces of railroad track welded together in tripod fashion work pretty well, but can still be moved when needed.
Ask your local code guy. Do posts in the ground five feet apart, with nothing between them, still count as a fence and fall under the setback rules? You could always hang birdfeeders and pots of flowers from them. If you wanna grind their noses in it, they sell those bright yellow plastic caps to drop over the steel pipes, like around the pump islands at the gas stations. 'Bollards', I think, is what the parking lot guys call them.
I can't remember- do you have a good survey, and have you verified your corner pegs? And have you read the deed closely, to make sure they don't have an access easement across the strip in question? Around here, shared mutual easements for the border strip are pretty common, due to abutting narrow driveway lanes.
If you can post pictures and a dimensioned plat diagram (including that half of neighbor's property) someplace, with a link back here, we could maybe make some actually useful suggestions.
-- aem sends...
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Think 6' Jax. Short of Operation Overlord, that should do it.

The problem is the drunk high school kid at 2:00AM. ...or more precisely, his family's lawyer.

We had a neighbor, when we lived in NY, that didn't believe in corner pegs. They pulled them and threw them away. I had a complete survey done, so they didn't charge much to have them replaced.

That would be fun, but remember the soon-to-be-rich lawyer.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@att.bizzzzzzzzzzzz wrote:

Uh, I thought they were talking about the SIDE property line, and not the public right-of-way? Unless the kid pulls the dump truck up the driveway at 50 mph, unlikely to be any injuries involved.
--
aem sends...

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.