Bad neighbor

[MS.Caroline]

What is the name of your state (only U.S. law)? Illinois

My former neighbor, while my husband was in Iraq, without my consent, put a drain line in from his sump pump, six inches under our driveway, into our ditch (private ditch). I was busy trying to work full time and take care of two boys to notice. He then sold the property. My husband got back and noticed the line the following Spring when our ditch started filling dramatically and foaming. The new neighbor decided to save her septic and started dumping her wash water as well as her sump pump into the drain line also. My husband told her she needed to move the line, he gave her a year to do so understanding that being a single parent, she had limited funds. She refuses to move the line. This last winter her line froze then broke, we had a geyser flooding our driveway. She then fixed the line but because of the warm water flowing under our driveway, when we had four inches of snow, we had ruts in our driveway. Our driveway now has pot holes and the grassy area bordering our driveway has sink holes. At times, when she's got a backload of laundry the following is so bad, it floods an area of our front yard. Other neighbors and friends tell us to plug it, it's our property. Another attorney says this is an easement so we can't touch it. Is there anything we can do? The health department says the washing machine water is technically waste water but since they can't monitor it, they can't do anything.

 

[Mass_Shyster]

Another attorney says this is an easement so we can't touch it. Is there anything we can do?

You really need to find out if there is an easement or not. That will determine what you can and cannot do.

 

[Seanscott]

The Health Department just doesn't want to deal with it. Call them next time the wash water is flowing and ask them to take a sample, or take a sample yourself and deliver it to them.
Even if there is an easement, it doesn't mean your neighbor can damage your property

 

[sam02135]

It doesn't matter if there is an easement. If you drain water out of your house and it goes into someone else's yard, driveway, basement i.e. private property, then it is a problem. Her waste water damaged your property. This is factual, not a theory.

I'm really surprise the city hasn't done anything about it. The next step is go to either small claims court or file suit.

The simple solution is to have her dump her own waste water in her own yard. It may flow down your way though .. but at least that has been done.

 

[FarmerJ]

Once you have made sure there is no easement at all for any kind of drainage access to your property and I dont mean just a easement that grants ingress egress , but one that specifically allows a drainage pipe from one property to another , if you find none then send the neighbor a certified letter stating even though the home was sold to her with this pipe crossing into your property there was no consent for it to be there and the pipe will be cut off on your side of the lot line and capped ( get a rubber cap from hardware that has radiator hose style clamp) cap it and remove the rest of the pipe and let her be mad single mom or millionaire You can also include that you have called the county about her diverting waste water from her septic system to this drain line , you dont have to share with her what they told you. This way perhaps she will just accept not having consent and run a new line out to another part of her yard away from your property especially if you point out the damage done to your driveway was caused by her actions which is something you will discuss with a atty as to your suing her (or not). dont just cut the pipe and cap ,protect your self by making sure there is no easement even from a past owner to the other nieghbor.

 

[MS.Caroline]

Wow, thanks for the great response. I really appreciate all your input. This neighbor is really frustrating us. We even had a stake on the edge of our property demarcating our property from hers. She pulled it out and threw it onto our driveway.

 

[FarmerJ]

If you are 100 percent certain of where the lot line is dont bother with stakes any more call the call before you dig service in your area and ask them if there are any utilitys in that area , if there are none go get a copper rod from hardware store that you would use for grounding a electric service cut it in half and a small sledge and beat it into the ground , down far enough so it cannot be hit by a lawnmower , its not likely she will be able to pull it out , then think about a fence on that side of your property, if your in a rural township learn if barbed wire fencing is allowed by the county it is the lowest cost way to fence in property. Since she already has acted badly im not saying to act badly but do take steps to set consequences for her.

 

[MS.Caroline]

Latest development... The same neighbor also has an aggressive dog. This thing slams itself against the gate enclosure in her backyard anytime she's out and we pass, barking furiously. She can jump high enough her whole upper half clears the fence. We called Animal Control on it but they said there's a fence so there's nothing they can do except call re barking ordinance. My husband has video taped this dog slamming itself against the fence. This morning, the dog did get out. I called Animal Control but there's no one manning the lines, you have to leave a message. I have little kids, my worry is that this psycho dog is going to get loose and bite my kids. When my son walks past the enclosure to the bus in the mornings this dog barks feverishly at him and tries to jump the fence. Thankfully this is Saturday so no school, now that she knows she can jump the fence, I'm worried about Monday morning.

 

[candg918]

Have you takes with anyone at the environmental agencies to determine the requirements for wastewater treatment? I would not think the Health Department would be the proper agency to assist you with that one issue.