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What should I do? |
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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Posted: 25 Feb 2018 at 7:02am |
My neighbors property is flooding and washing us out again. It doesn't take much rain anymore to get washed out. Jenn and I spent days cleaning and re landscaping after last years flood. Some of you may remember this from last year.
The neighbor has developed health problems and quit drinking since then. They have a culvert draining straight down on our property that didn't need to be there but they put it in a couple years back. their ditch is full of debree and plugs my culvert and then washes out our drive. I went and cleaned the ditch out last year some but it wasn't enough. Its gonna take a backhoe/excavator.
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fixer1958
Orange Level Joined: 13 Feb 2010 Location: kansas Points: 2435 |
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I have the same problem but can't blame it on anyone.
My crossing has 4 3' tubes in it and the debris washes down the creek and plugs the tubes. Turns in to a 150' wide river going over the drive. I have it now where it will leave the drive mostly intact but you won't drive over it when it's flowing. Won't happen if the tubes are clear after a 6"-8" rain but will need to be cleaned out afterwards. I have cleaned those out more times than I can count. Every way you can imagine. After the last time I bought an excavator and put a thumb on it. Ain't doing that chit no more. Took about 30 minutes. Before depending on how big the mess was could take all day or to. It's good for firewood too, big logs. Thinking of building a splitter to go on it. https://www.youtube.com/watch?v=x3S-pyo2Iz0 Looks like the epitome of lazy but I'm sure it's not as easy as all that. |
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Dakota Dave
Orange Level Joined: 12 Sep 2009 Location: ND Points: 3935 |
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If the water control board didn't approve the culvert have them take it back out.
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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13528 |
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Hey Thad,,,I'm like ole Dave and remember the problems you had with the dude last year over the floodin issues. If talkin to him does not do the trick,,I would still go and mention that you ARE goin to the county department that supervises those issue,,UNLESS he does his part to makin things right. THen DO It,,,Life's too danged short to argue with neighbors who tend to take advantage of you. Good Luck,,!! If you gots a good trailer,,,you can come borry my backhoe anytime,,,, |
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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if he changed the original flow of the water, then he's at fault, contact the DNR
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jaybmiller
Orange Level Access Joined: 12 Sep 2009 Location: Greensville,Ont Points: 22269 |
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so where would the water go if HIS culvert got pluged up? I know someone who was fed up with the neighbour's water pouring onto his land..so ..for some 'reason' the connecting culvert got plugged up, now the neighbor's water stays on HIS land....
best bet is to call 'someone' in the guv, take pictures, send emails with pix attached, if no action, go up the 'pyramid of power', every 3 days, until something happens. if zero response, rent backhoe, build a tall friggin berm to redirect the water away from your property THEN someone will listen ! if you want to have 'fun', put a lien on the guys property or the town's equipment for the cost of bachoe rental ! |
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13528 |
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That right there is the best advice,,I know it pretty much takes an act of congress to "Change the original Flow of Water" so,,,you got a big one in your favor...Good Luck,,!! |
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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The neighbor is back to drinking again. He stopped by and gave me permisson to get a backhoe on his property and clean the ditch and divert the water from the culvert draining on us. He seemed like he was gonna be easy to get along with on this. I didn't ask him to stop he did because he saw all the water washing us out. He may not remember this so Im gonna go see him early Saturday.
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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This is our drive after a big rain.
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Dave H
Orange Level Joined: 11 Sep 2009 Location: Central IL Points: 3491 |
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So as stated before, has water been diverted so it floods your land and causes damages?
i think that is the key factor. |
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steve(ill)
Orange Level Access Joined: 11 Sep 2009 Location: illinois Points: 80217 |
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THATS A LOT OF WATER !!
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Like them all, but love the "B"s.
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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you need a kayak
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Alberta Phil
Orange Level Joined: 13 Sep 2009 Location: Alberta, Canada Points: 3724 |
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Or a bridge!!!
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fixer1958
Orange Level Joined: 13 Feb 2010 Location: kansas Points: 2435 |
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My driveway does the same thing in monsoon season if the tubes get plugged.
I asked my insurance company about it once and they said it was an 'Act of God' and couldn't do anything about it unless it was a result of someone else so they could go back on them. Say someones pond dam burst etc. If it is a result of this guy putting in the culvert he would be held responsible. |
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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The pics shown are from a huge amount of rain, half that water comes from the other added culvert and the other half due to debrs plugging my culvert. when ours plugged it completely filled the neighbors ditch and rerouted and cut a new ditch. I got up there and got the original ditch flowing with a pick and shovel. Iit won't hold in a big rain but works for now. The neighbor gave me permisson to get a backhoe up in there and fix the ditch and cut a new ditch to divert the water from the new culvert. The big question is, does he remember giving me permisson?
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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get anything in writing if you have any questions on who said what in case someone thinks it should go to court
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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For sure |
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shameless dude
Orange Level Joined: 10 Apr 2017 Location: east NE Points: 13611 |
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there is a township road neighboring one of my fields. the dude that lived at the end of that road decided to replace the old tube under the road for a bigger one so it would drain off his property better! just before the next big rain, I....er....someone had placed a few sand bags up inside that tube. so it really didn't drain as well as he thought it would. I did contact the county, and they contacted the township board, which hired a contractor to come out and replace the bigger tube with one of the same size as the original one. said that dude didn't have permission nor any right to do what he did. the township gave me the new tube they took out which pee'd off the other dude even more! lol
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desertjoe
Orange Level Access Joined: 23 Sep 2013 Location: New mexico Points: 13528 |
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And,,,,and,,,,you was most assuredly peekin around the barn takin all this in wasn't you,,and snickering all the time too,,,,, UMMmmm,,,how much did you get for thet brand new culvert,,,?? |
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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You’re wearing off on me. You ain’t the only one on here that has coven thought to the ole sandbag idea. |
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Ted J
Orange Level Joined: 05 Jul 2010 Location: La Crosse, WI Points: 18786 |
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If he doesn't remember, or won't sign an agreement (just a simple paper written up by you) then the next time it rains, get out there with a movie camera!! What kind of phone do you have?? 99% take EXCELLENT movies! Take a video of WHERE the water is coming from and going to. That's all the DNR and the courts would need to hang the opposite side of his lap.
There is NO excuse for that from a neighbor. I could understand if the DNR, State, City or township did the work.....did you know that they can make water run uphill. |
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"Allis-Express"
19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
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JohnCO
Orange Level Joined: 11 Sep 2009 Location: Niwot Colo Points: 8992 |
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Out here, water runs toward money!
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"If at first you don't succeed, get a bigger hammer"
Allis Express participant |
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Thad in AR.
Orange Level Access Joined: 12 Sep 2009 Location: Arkansas Points: 9417 |
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We walked his property yesterday to make a game plan. He stopped by hammered drunk and made it clear that he won’t be easy to get along with on this. He wants me to landscape their entrance before we fix the water problem. Or before he lets us fix the problem as he says. Jenn is looking in to the legal way to fix this. I’m afraid to take equipment on his property.
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jaybmiller
Orange Level Access Joined: 12 Sep 2009 Location: Greensville,Ont Points: 22269 |
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sounds to me you'd have to fix the water problem BEFORE landscaping, otherwise water will destroy the landscaping.
don't think you'll ever win with a drunk though... and I would NOT take your equipment onto his land There's gotta be some 'legal arm' you can tug at BEFORE the next rains come ?? All I know, is you're between a rock and a hard case, best of luck Maybe block the water and divert onto the road ?? That 'krap' musttav floated 'downstream'....ooopsy ?? |
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
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Stan IL&TN
Orange Level Joined: 13 Sep 2009 Location: Elvis Land Points: 6730 |
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I have seen folks place a series of stakes across ditches to catch debris and prevent it from plugging the culvert. Might be an option?
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1957 WD45 dad's first AC
1968 one-seventy 1956 F40 Ferguson |
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fixer1958
Orange Level Joined: 13 Feb 2010 Location: kansas Points: 2435 |
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I did that with 6' t-posts and it bent them over.
Didn't lean them.....bent. |
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Ted J
Orange Level Joined: 05 Jul 2010 Location: La Crosse, WI Points: 18786 |
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Thad buddy, you're going to have to get someone else involved with this. Seeing as he's hammered most of the time, he can't be held accountable for ANYTHING he tells you.
CYA and get someone else to come out with you, such as a field agent for the county. You don't have to tell him who he is, just a buddy looking to help you. THEN,,,,,,,,your side of it is taken care of and he can go soak his head or whatever else he wants...CYA!! |
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"Allis-Express"
19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
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