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Neighbors Pond is encroaching onto our property

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sunfloweracres

Junior Member
What is the name of your state (only U.S. law)? VA

We live in a rural county in Va. We have what is known as a wet weather stream on the northeast end of our property, army corps of engineers stream. The stream is dry 80 to 90% of the time during the year. We understand the wet weather part as to large storms and high volumes of water dumped, but our wet weather stream will turn into a river. (kind of cool for us) The main problem is our neighbors have a pond downstream from us that over the past few years they have raised the berm. Each time they raised it the water has backed up further on our property and has caused a liability by turning out property into a pond rendering about a half an acre unsafe and unusable. We have talked to them and they say they don't have a issue with it, we have went to the county inspections Dept, our DCR, which is the Dept of conservation and recreation who is also in charge of all dams in Va, Our Va DEQ and now I have contacted the army corps of engineers. (just haven't received a reply yet)

So I was looking for some guidance on how to proceed because we do not want this safety hazard/liability on our property. It does drain off but it will take anywhere from 3 weeks to 2 months without any more precipitation and we still have the rest of the winter/spring to go and it has been exceptionally wet this year. One year it did not drain off until summer and we had a mosquito infestation.

Any help greatly appreciated, Jim
 


154NH773

Senior Member
Our Va DEQ and now I have contacted the army corps of engineers. (just haven't received a reply yet)
Wait for a reply, then get back to us...

It would seem that you could claim damages, but I don't know what the laws or provisions for streams are.
 
Last edited:

csi7

Senior Member
Take pictures with date and time on them. The neighbors may have to take down their berm to a lower level, and I'd take pictures of the berm level as well.

The neighbors changed the path of the natural water by increasing their berm, and that is one issue to be dealt with when the engineers come do a site visit.

Best wishes.
 

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