storm water drainage dispute

[seatray]

I live at the end of a cul-de-sac where the storm water is carried by ditches. The county's ditches end at my property, and the water continues across my property, then onto a neighboring property in ditches which have been in existence at least 33 years. Most of the uphill neighbors have laid culvert and covered the ditches in front of each of their homes. I recently laid pipe in the portion of the ditch which crosses my front lawn, and covered it. I did not deepen the ditch, and I did not divert the natural course of the water flow. I ended the pipe 8 inches on my side of a recently built fence, which I had thought to be about 2 or 3 feet inside my property line when I installed it. The established drainage ditch continues downhill near the property line on the neighbor's side of the fence. The neighbor filed a complaint with our County, stating that I had "diverted" water onto "her" property. In turn, I received a letter from the county, stating that I was in violation of codes for diverting water onto a neighboring property. I was given the choice of rectifying the situation, or facing a fine of $100 per day. There is not a recorded easement for drainage across my property, so at first glance, it did appear that I had diverted water. After a site examination, the county officials gave me a couple of choices of action, neither of which were satisfactory to me. I told them repeatedly that the pipe was daylighting several feet inside the property line, but they were assuming my neighbor's complaint to be accurate, and the fence to be on the property line. (I had built it inside the property line to avoid asking the neighbor to remove a line of several trees, which were encroaching onto my property.) The officials did agree that if a survey proved me right, the complaint would be resolved. So I had a survey done, and established the property line almost 6 feet onto what my neighbor thought was her property. The County has officially dead-filed my neighbor's complaint. I have already put up another fence just a few inches inside the property line.
Now to my question: Do I have the right to ask the neighbor to reimburse me for the cost of the survey I was forced to get to defend my position, as a result of her wrongful accusation and complaint? If she refuses, is this a case for small claims court?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by seatray:

I live at the end of a cul-de-sac where the storm water is carried by ditches. The county's ditches end at my property, and the water continues across my property, then onto a neighboring property in ditches which have been in existence at least 33 years. Most of the uphill neighbors have laid culvert and covered the ditches in front of each of their homes. I recently laid pipe in the portion of the ditch which crosses my front lawn, and covered it. I did not deepen the ditch, and I did not divert the natural course of the water flow. I ended the pipe 8 inches on my side of a recently built fence, which I had thought to be about 2 or 3 feet inside my property line when I installed it. The established drainage ditch continues downhill near the property line on the neighbor's side of the fence. The neighbor filed a complaint with our County, stating that I had "diverted" water onto "her" property. In turn, I received a letter from the county, stating that I was in violation of codes for diverting water onto a neighboring property. I was given the choice of rectifying the situation, or facing a fine of $100 per day. There is not a recorded easement for drainage across my property, so at first glance, it did appear that I had diverted water. After a site examination, the county officials gave me a couple of choices of action, neither of which were satisfactory to me. I told them repeatedly that the pipe was daylighting several feet inside the property line, but they were assuming my neighbor's complaint to be accurate, and the fence to be on the property line. (I had built it inside the property line to avoid asking the neighbor to remove a line of several trees, which were encroaching onto my property.) The officials did agree that if a survey proved me right, the complaint would be resolved. So I had a survey done, and established the property line almost 6 feet onto what my neighbor thought was her property. The County has officially dead-filed my neighbor's complaint. I have already put up another fence just a few inches inside the property line.
Now to my question: Do I have the right to ask the neighbor to reimburse me for the cost of the survey I was forced to get to defend my position, as a result of her wrongful accusation and complaint? If she refuses, is this a case for small claims court?<HR></BLOCKQUOTE>

No, the survey was completed at your directive and at your expense in order for you to prove your case. The neighbor did not agree to pay for the survey and you were the direct beneficiary.

 

[Prairielaw]

For the sake of giving you another opinion, HomeGuru is right on the money. You pay the freight on this one.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."