Posted by Anne-ND on November 10, 2001 at 15:11:58:
Ed,
I don’t drain water onto my neighbor’s property, but in the neighborhood where I buy houses this is commonly done. When I called city inspections to ask about it (I was interested in a property that was the drainee, that is, the one being drained upon), I was told that it violated no city laws, although the inspectors regretted that it did not.
In this particular case, the drainor (he who was doing the draining), extended his garage gutters several feet out to make sure the water did land square in the yard of his neighbors (on both sides).
I have learned from the postings here that North Dakota is truly the wild wild west (i.e., no emissions tests for cars, no radon testing EVER, black mold?- no problemo!). I wonder if the question you refer to is on the all-day test for Brokers here? Curious.
Neighbors drain pipe washing my foundation - Posted by Ted Bowen(OK)
Posted by Ted Bowen(OK) on November 09, 2001 at 15:54:22:
I am looking at a house that has had some serious erosion around the foundation due to a drain pipe that is located in the neighbors yard. When the water comes out of the pipe it then flows across the back corner of this house and has washed away the dirt around the foundation corner.
Now my question:
What option do I have if the neighbor is not cooperative about helping financially to fix the pipe or is not will to help work with me to get it fixed. We are looking at about $6000 dollars to get this fixed and get the gully that has been created refilled. If he is not willing to help and I decide to do it myself, what rights do I have to work on something(the pipe) that is actually on his propety(by about 6 inches.) Thanks
Ted, several years ago I had this identical problem with a rental I purchased. My insurance company, the property manager and an attorney I called said it would be next to impossible to hold the neighbor responsible - mostly because it had been going on before I bought the house and for a long time. The attorney wrote the property owner a “threatening” letter anyway but they never responded. I never repaired the retaining wall that had eroded but I did install a french drain to divert the water.
Re: Neighbors drain pipe washing my foundation - Posted by Ronald * Starr
Posted by Ronald * Starr on November 09, 2001 at 20:49:05:
Ted Bowen (OK)-------------
Did you also post this on the legal forum, as it is a legal question?
I’m not an attorney but I sometimes play one on CREONLINE.COM, so here goes my act.
There is a doctrine of the law that a property owner must control the water on his property in such a way that it does not drain off his property in a way to damage a neighboring property.
There, does that sound like this owner will be able to ignore you and your aggressive attorney?
I don’t have the solution, but when reading your post, I was thinking that you could build a little retainer ditch and shoot the water back to his house.
Posted by Ed Copp (OH) on November 09, 2001 at 16:18:24:
that you are willing to pay for the house by the amount needed for repairs.
There would be some other options if you were the property owner now, like small claims court, or just good old fashiones co-operation. Things like an underground drain line, or a small retaining wall come to mind. Even perhaps a ditch, but this would be up to the owners to persue.
Re: Neighbors drain pipe washing my foundation - Posted by Frank Chin
Posted by Frank Chin on November 10, 2001 at 16:24:35:
Hi Lor:
Sometimes, attorney’s just write a letter, and as in your case, ignored.
If you get hold of the Building’s Department, or whatever its called in you area, and get code enforecement. These guys react pretty quickly if you cite a danger involved.
“Its been going on for years” is not something that impresses thes code enforecment guys.
Just make sure its the other guy, and NOT YOU that gets cited. I also find these agencies move a little faster when you call the local councilmen who calls for you.
Its amazing how many people have no idea of who their local representatives are, and they figure anyone who figured it out must be politically active.
Hi Ron, read your letter to the editor this morning in the real estate section of the Chronicle. I like the new format but also had trouble finding R. Bruss at first. I always seemed to go the the end of the article first then have to backtrack.
Posted by Anne-ND on November 10, 2001 at 10:40:45:
Ron,
Is this an OK law? Because where I live, you can take a drain and run it to the edge of your property so that it runs into the neighbors yard, or their sidewalk, or whatever. It must be state-specific.
Posted by Ted Bowen(OK) on November 10, 2001 at 17:42:22:
I did that already and got the house. I probably paid 40-50 cents on the dollar for the house. I talk with a county engineer yesterday and they are going to see about digging a ditch to devert the water runoff. This will be a good deal when I am done. Thanks
Posted by Ronald * Starr on November 11, 2001 at 21:50:18:
Anne-----
Well, as I pointed out in the post, I’m not an attorney. I’d suspect that you could find caselaw on the topice in ND. There may be no city law, but I’ll bet there is a state law.
Good Investing and Good Enduring The Wind***Ron Starr
Posted by Frank Chin on November 10, 2001 at 16:01:06:
Hi Anne:
Here in New York City, a friend of mine was ordered by the authorities to remove a car port on his property because rain water coming off the side flows into his neighbors driveway.
He contacted his attorney who contacted an architect to fight it. They told him he had to get a professional engineer to conduct a “rain water test”, to prove that rain water stayed on his property. The attorney’ suggestion was that its not worth the expense and trouble.
In neighboring Nassau county, a friend of mine wanted to widen his one car driveway to two. Because it will come close to the property line, he was told to build water wells to reduce the flow of water onto a neighboring yard during rainstorms before the permit can be approved.
It was too expensive for him to proceed.
I’m not an attorney, but I’ve seen enough of Judge Judy on TV to know that you are allowed to abate a nuisance. The usual example are tree branches from your tree extending onto a neighbor’s property resulting in damages.
I would imagine one can sue under common law for the situation described, namely water damaging a neighboring foundation, even if there is no state law specifically covering it.
Posted by Ed Copp (OH) on November 10, 2001 at 13:26:37:
Just because you do something does not necessarily make it legal. For example occasionally I may drive 85 miles an hour, just because everyone else is doing it. Not legal just because someone else is doing it.
The law that was mentioned has it’s basis in old English common law. This is the set of laws that our current laws have evolved from. Has to do with the right to be free from damage caused by an adjoining property owner.
Not to stir up a bag of useless worms here, I am not a lawyer but I am a Real Estate Broker, and yes it was on my (all day) test.