Need advice: How to handle a pesky neighbor

[lykaon78]

Here is the situation as best as I can describe it:

Background: My wife and I recently bought a newly constructed home. Our back yard has a creek that is also the main run-off path for storm water for the rest of the neighborhood. The creek is shared by approximately 30 home owners. At the end of the creek is a collection area where the storm water collects and enter's the city sewer system. During periods of high rain this collection area is swamped with standing water. This collection area is designated as a flood plain on the master sub-division plan.

Problem: One of the neighbors whose property sits at the collection/flood plain area is complaining that everytime it rains his back yard is flooded with standing water. He blames the problem on the winding nature of the creek and the various trees and shrubs that line the creek bed. His solution is the bring a backhoe up the creek bed and widen the creek and clear the creek of any debris. (I think the problem is the size of the drain and that his solution will only make his problem worse).

On more the 5 occasions the guy has come to our house (and our neighbors) to complain about his problem and demand that we do something about it. One time he has even gone as far as to alter/destroy some of the erosion walls I have built along the creek bed to keep our yard from washing away.

Any suggestions on how to handle this?

Thanks

 

[spidey07]

Report him to your sewer water department or possibly law enforcement.

That isn't his land and he should get in deep doo-doo for messing with the design of drainage, let alone other people's property.

 

[iwantanewcomputer]

as long as he doesn't f yo shiznit up with the backhoe and he foots the bill i'd say let him. it'lol shut him up

 

[lykaon78]

One of the reason we bought the property was the trees and greenery that line the creek bed make a nice natural fence.

Plus, I think he wants everyone to pay for it.

My first thought was to send a certify letter to him letting him know that if he comes on my property again I'll press tresspassing charges and sue him for any damage he causes.

Would this be too a-hole-ish?

 

[spidey07]

well you could speak to an attorney.

but the big thing here is your sewer company owns that property, it should be some kind of an easement that was specifically engineered for drainage/overrun.

I'd highly recommend contacting the water/sewer company or the police. Or if there is some kind of "owner" of the neighborhood.

I'd be super pissed if somebody messed with my view/property and would have the cops on their door in a heartbeat.

 

[Schadenfroh]

land mines

 

[spaceman]

SUE!

 

[lykaon78]

The creek area is an easement, but it is also my property. My understanding is that I am the owner and controller but the state or who ever can make improvements or changes without my consent (ie if they need to repair something they don't have to ask my permission).

Unfortunately, we don't have a home owner's association yet. The sub-division is too new.

Originally posted by: spidey07
well you could speak to an attorney.

but the big thing here is your sewer company owns that property, it should be some kind of an easement that was specifically engineered for drainage/overrun.

I'd highly recommend contacting the water/sewer company or the police. Or if there is some kind of "owner" of the neighborhood.

I'd be super pissed if somebody messed with my view/property and would have the cops on their door in a heartbeat.

 

[jagec]

Sounds like you're right...it's the size of the drain that's the problem. And why destroy the trees and bushes which are HELPING absorb water?

Talk to the city, they should be the ones who deal with enlarging the sewer. And make it clear to your neighbor that the CITY will be taking care of it, and that he's an idiot. Under no circumstances allow him to take a backhoe onto your land to destroy that creek.

 

[Mo0o]

I dont see how widening the river will cause LESS water from reaching the drain and flooding his yard.

 

[SarcasticDwarf]

Don't allow him to, and inform the city sanitation department of his intention to modify the creek. If he gues in and clears out the greenery around the creek bed, you will have massive erosion problems in the future.

 

[spidey07]

I have a large easement off the back of my property. Technically it isn't my property (hence the term easement).

 

[lykaon78]

Originally posted by: spidey07
I have a large easement off the back of my property. Technically it isn't my property (hence the term easement).

Spidey,

On our plot map the easement for the creek is clearly within our property lines so my assumption is that we own the easement.


Others: I agree that widening the creek won't solve his problem. It will just make the water travel faster to the collection area and make his problem worse. But hes an old retired military engineer and thinks he knows best.

 

[MikeMike]

hehe, a backhoe wont damage your yard if he knows what he is doing. an excavator is a different story.

he jjust needs to know what he is doing. however if its your property tell him to fvck off.

MIKE

 

[Fiveohhh]

Originally posted by: lykaon78

Originally posted by: spidey07
I have a large easement off the back of my property. Technically it isn't my property (hence the term easement).

Spidey,

On our plot map the easement for the creek is clearly within our property lines so my assumption is that we own the easement.


Others: I agree that widening the creek won't solve his problem. It will just make the water travel faster to the collection area and make his problem worse. But hes an old retired military engineer and thinks he knows best.

IIRC an easement would mean its your property, but whoever "owns" the easement can use that land. If you can find the papers see what they can do to the land, our easement with the neighbor let him have his shed a few feet onto it and his propane tank, he can maintain it, but he can't build anything new on it.

edit ohh yeah just cause its your property if theres an easment on it, you can't do whatever you want to it, if you wanted to do anything to it you'd need permission from the person who owns the easement. Thats what my realtor told me, whether she new what whe was talking about I don't know.

 

[spidey07]

Originally posted by: lykaon78

Originally posted by: spidey07
I have a large easement off the back of my property. Technically it isn't my property (hence the term easement).

Spidey,

On our plot map the easement for the creek is clearly within our property lines so my assumption is that we own the easement.


Others: I agree that widening the creek won't solve his problem. It will just make the water travel faster to the collection area and make his problem worse. But hes an old retired military engineer and thinks he knows best.

well heck, if its in your property lines then its YOURS!!!!

You are absolutely within your rights. Do you have a lawyer?

 

[brigden]

Tell him to get the fvck off your property, never set foot on it again, and tell him to speak with an engineer before the asstard starts destroying the creek and intensifing the issue. Make several calls to your municipality so they are aware of the issue.

Don't be a pussy and let him know how you feel.

 

[PlatinumGold]

Originally posted by: lykaon78

Originally posted by: spidey07
I have a large easement off the back of my property. Technically it isn't my property (hence the term easement).

Spidey,

On our plot map the easement for the creek is clearly within our property lines so my assumption is that we own the easement.


Others: I agree that widening the creek won't solve his problem. It will just make the water travel faster to the collection area and make his problem worse. But hes an old retired military engineer and thinks he knows best.

tell him that you won't allow him to do ANYTHING without a 2nd opinion.

he needs to get at least one other expert involved because i think everyone knows he is wrong. no way widening the creek that leads TO the drain will speed up DRAINAGE at the bottleneck. that's like Intel claiming NETBURST cache makes internet browsing faster. 😉

 

[Gurck]

Originally posted by: lykaon78
One time he has even gone as far as to alter/destroy some of the erosion walls I have built along the creek bed to keep our yard from washing away.

Criminal trespassing? You can pick up a web-cam for a few bucks and leave your pc on to record your yard for evidence.

 

[lykaon78]

No lawyer involved yet.

I was going to figure out who I need to talk with my local government first.

 

[Farvacola]

Using a blowtorch, burn a swastica into into their yard and write above it, a bigot lives here. Thats sure to send them an unmistakable messege.

 

[bunker]

Contact his old employer and ask if they can send someone out who is an expert in the matter to tell him to fvck off.

 

[lykaon78]

Water ballons with Weed-be-gone was a thought.

 

[TitanDiddly]

Call the DPW.

 

[lykaon78]

Thanks everyone.