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Re: Trouble With My Parents Neighbor and Drainage


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Posted by andy r on April 15, 2016 at 00:26:42 from (75.91.149.15):

In Reply to: Trouble With My Parents Neighbor and Drainage posted by in-too-deep on April 14, 2016 at 20:30:56:

Yes, not very nice. Especially with no communication. Legally, you can dump tile water at your own fence and let it flow onto the neighbors. Landowners below have to take the water from above. I believe that the tile can only dump what would have naturally drained from the land above via the surface. The tile should not dump at the fence or across the fence, but a short ways back. His outlet should not be on your side. I put a similar outlet at the fence this last fall myself which was approved by the NRCS as an outlet. Land below is a cow pasture/non farm ground, in a trust, no money is ever spent, and there was a small ditch to use as an outlet. Two smaller tiles were already dumping this way - past history. Generally though, to be a good neighbor, if someone is tiling land above, the landowner doing the tiling would ask if you wanted to hook on and continue the tile on through your land. This could be at your cost (majority of the time) or in my case my dad once paid for 1/2 of a neighbor's run just to avoid an outlet on our side. Did I read your post correctly?? Two 18" tiles? Those are huge. About the only time NRSC or the conservation district will get involved is on soil loss complaints. They really do not want to be in a position to be "police". These laws are all covered in the state code. This kind of thing happens all of the time. One of my neighbors pattern tiled an 80 acre field and hooked it to my 6" clay tile as the only outlet. He put a blowout on his side. Actually doesn't work to bad. Another neighbor caught my water flowing on to his land with a diversion and redirected it back on to my land as I was on two sides of him. Legally he can't do that since the water really was to flow across him and not back on to me. Good luck. I am sure you feel taken advantage of. Did he think you didn't want to participate? How far would the tile need to continue on yours to a creek/steam? The 18" tiles you see might just be the outlets. Are they running water? Is it dumping in a ditch? If it is running a lot of water it will continually cut a ditch on your side. Like I said before 18" would have an extreme cost. I just paid $0.88 a foot for 4 inch and $1.17 a foot for 5 inch (tile and trench). I have no clue what 18" tile would be let alone the trench ($10 a foot?).


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