neighbor wants to drain more water on our property

Nick m

Member
I learned a couple days ago that a farmer that bought 60 acres of woods, then cleared it, is planning on pushing more water onto our property. There is an existing tile main, about 10 in., but he wants to put a bigger one in and tile the 60 acres, which will put a lot more water on our property. The existing tile runs about 10ft onto our 30 acres and dumps in a small creek that runs the length of our property. The creek also borders our field, and I"m afraid the extra water will flood some of that. We live in Michigan and its not a county drain. I don"t think he can do this without my permission, but he"s planning on doing it this fall. Anyone else ever run into this issue? It"s worth noting I haven"t talked to him personally, but a very reliable source relayed this to me. I"d just like to nip it in the but before the problems start. What"s the proper way to handle this?
 
Then ask the county water board what YOU would have to do to do some tiling and dump it downstream. Then you will know what he has to do.
 
Last I knew here in Iowa if the down stream land owner does not want to take the outlet on through his land the upstream guy can dump it into a natural water way without permission at the property line.

Gary
 
Have you ever heard of 'lawyers'? Call one. Big oil company in Wyoming thought they were going to run a thirty six inch methane pipeline for a mile and a half thru my fields. Some idiot came out one day with plans already drawn up and told me I had to sign and they would give me nine thousand dollars. I looked at his plans and thought they were going to run it along side the railroad track on the highway side of my fence. "Oh,No, see, it is going right thru your field." I looked him in the eye and said, "I don't think so." "Oh, we have a right to put it there and you have to sign." I said, "We'll see about that." He was so mad at me by the time he left he could hardly drive his car. Went to town the next morning and talked to my lawyer. Pipeline went thru the neighbor and around my place. None of the other neighbors had the nuts to stand up to them so the pipeline went right thru their fields. Law may be different where you live.
 
You may want to pull up the state supreme court website in your state and do a key word serch regarding surface water, drainage etc. Begin photographing the areas at issue, for before and after effects of this drain. Communicate your concerns in writing, (he probably won"t respond) but begin to state your concerns in your context. If it results in a nuisance then a tort claim might be a remedy or an injunction, this depends on your state law. Again just some quick ideas.
 
A couple random thoughts that may or may not apply in your situation. Different states have different laws.
If the creek has fairly high banks it might not be affected much after the first drain down. An inch of rain or snow on an acre of land is only so many gallons, whether it runs off right away or later. Owner might, or might not, be able to reroute the drain so it dumps into the creek without crossing your land.
Check with your state natural resources department. Here in Mn they get really upset about draining wetlands. Draining 400 square feet, that's right, four hundred, can be drained with a DNR permit. Larger than that any drained land must be replaced by another wetland of equal size on land with the SAME OWNER. There are some very rare exceptions allowed.
I live on a lakeshore. Property next door has 900-1000 sq ft of standing water between cabin & road, with driveway along one side. Owner wanted to drain & fill to make 2 saleable lots. DNR said NO! Owners of next 2 lots had filled low area before rules were made, have nice yards.
Whether we like it or not, DNR makes periodic aerial surveys & campares new to old photos of land useage.
Willie
 

We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today.

Back
Top