WV property line dispute on water run-off

[farmers]

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

I need to find papers that will require our neighbor to stop run-off onto our property or at least a recourse to advice. We live in a county area. The neighbor has a steep hillside home. That property had a natural run-off from rain onto his property at the bottom of his 'hill'. We are also located in a flood zone due to the steep WV hills, and after a rainstorm, he would experience puddling at the bottom of this natural run-off area. Years of puddling left large sunken areas.

In the past two weeks, he obtained a bulldozer, used it to clear his hillside of all vegetation, and began dragging dirt from the hillside, filling in the sunken holes left from the puddles, and then sloped the dirt so that the run-off has now been diverted onto our property. After a heavy rain today, the bottom of our property - where we keep the garden - is starting to flood, and the water level is rising. Our entire garden and our chicken coop is in danger of being washed out.

We do have before and after photos, though I am not sure my skills in photography are very good.

We have owned our property for 7 years. At one time he rented the property and ran horses on it so the water problem on his land was nothing new to him. We had offered to dig a drainage ditch for him last summer, diverting the run-off to the creek that borders one side of both of our properties. He never responded. We cannot dig it on our side due to a gas well pipe. We have tried to be nice. But, our property and livelihoods are now in danger of being flooded out.

 

[LdiJ]

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

I need to find papers that will require our neighbor to stop run-off onto our property or at least a recourse to advice. We live in a county area. The neighbor has a steep hillside home. That property had a natural run-off from rain onto his property at the bottom of his 'hill'. We are also located in a flood zone due to the steep WV hills, and after a rainstorm, he would experience puddling at the bottom of this natural run-off area. Years of puddling left large sunken areas.

In the past two weeks, he obtained a bulldozer, used it to clear his hillside of all vegetation, and began dragging dirt from the hillside, filling in the sunken holes left from the puddles, and then sloped the dirt so that the run-off has now been diverted onto our property. After a heavy rain today, the bottom of our property - where we keep the garden - is starting to flood, and the water level is rising. Our entire garden and our chicken coop is in danger of being washed out.

We do have before and after photos, though I am not sure my skills in photography are very good.

We have owned our property for 7 years. At one time he rented the property and ran horses on it so the water problem on his land was nothing new to him. We had offered to dig a drainage ditch for him last summer, diverting the run-off to the creek that borders one side of both of our properties. He never responded. We cannot dig it on our side due to a gas well pipe. We have tried to be nice. But, our property and livelihoods are now in danger of being flooded out.

You really are going to have to get an attorney to handle this, because its not going to be simple. He is in the wrong, but you won't be able to prove it and get something done about it without competent legal assistance.

 

[farmers]

You really are going to have to get an attorney to handle this, because its not going to be simple. He is in the wrong, but you won't be able to prove it and get something done about it without competent legal assistance.

This is what we are trying to avoid. We do not have money for a lawyer. We are on fixed incomes (retired) and believe me when I say we do not have money for a lawyer. We were hoping to find by-laws or some other way to do this. Thank you

 

[csi7]

Department of Environmental Protection will be an option, and keep track of who you talk to, telephone numbers. It took me several tries to get someone to help officially, however, it was successful, without going to court.

 

[farmers]

Department of Environmental Protection will be an option, and keep track of who you talk to, telephone numbers. It took me several tries to get someone to help officially, however, it was successful, without going to court.

Thank you. We will try this first.