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Property / Easement / Stormwater
Asked by: butchcole
from TRUSSVILLE, AL
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The city says they don't have an easement on their records, the neighborhood was built in the 70's and annexed in the town later. I do have it on my survey. The drain goes under the city road from the yards across the street. If the drain wasn't there the road would flood. I called the city out three times, they said they couldn't do anything. The water was washing out 1/3 of my back yard becasue the ditch had washed so water spread, lost three trees including a 50 year old oak . The neighbor behind me built a private road a few years ago before I moved in which is elevated and he did not look at any surveys of our adjoining properties. It catches the stormwater becasue it is raised so he put a drain in, it it is a smaller diameter than the street drain and it is also in the middle of my back yard instead of matching the ditch on the side.. I simply dug a ditch from the bad part of the ditch to meet the back drain. I used silt fence and I have placed haybales in also, all by request of city. Neighbor behind me is now threatning suit becasue his road might wash out. I have worked four times to clean out the ditch and drain including digging in the pouring rain while he watched in his car. The inspector said I can do what I want in my yard as long as I don't do damage to others. I cleared some land including the dead trees and re-dug part of the ditch and like I mentioned I macthed it to his drain. If I went by my survey it would run all of the water right into the side of his road bed, his drain is 50 feet towards the middle of my yard. Water is not from my yard, from road. Could'nt he be somewhat at fault for not matching the drain and raising his road to dam up the flow? He may be grandfathered in becaude he built the road before I bought the house. He is threatning suit but I feel he and the city are as much to blame. I need help. He also put chicken wire on the rain which catches leaves and stops drain which may wash out the road anyway.
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Anybody can sue anybody and that is a poor, expensive way to solve things. If the plan that you have or one that can be made to solve the drainage for all parties even for the most part (all but the heaviest rains), then the thing to do is to try to form a neighborhood association by getting together and talking to through. Sounds like there may be personality conflicts that prevent this. If somebody files a lawsuit, then you will have to hire a lawyer and what the lawyers will try to do first, is get together and try t...
Answer Date: 06:29pm 01/15/08
Best Answer Comments from Asker: butchcole
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Thanks, the guy is a complete child and has nothing else to do. I'm afraid talking is out of the question. |









