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Water damage on land from neighbors runoff

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J

jonmcd

Guest
What is the name of your state? Washington State.
Ok, I'm new to this board as of this morning and hope to find the answers I'm looking for... so far it looks real good!

Q? 1. We are purchasing 2 parcels of land which we'll have combined into one (about .97) next to this land to the Right are 35 acres, Old farm land, mostly grass with a few large old growth trees, Doug fir and a couple of Cedar. the farmer had dug a ditch to drain the water from the land over to the corner close to the land I'm purchasing and put 2 culverts under a road on his side of the fence. But even though it is on his side of the fence once the water passes under the road it is allowed to gravity feed down hill where ever it wants.
Of course it flows across (about half way) my new property and then across my neighbors to the left. That's a 25 foot set back for an intermittent stream from the center of the marks. that's 50 feet of property I loose right smack in the middle of it running all the way across from right to left plus the 100 foot set back from the lake. 30 feet from power poles in the front ..you get the point, I just can't afford the 50 ft in the middle of the property.

So, here's the skinny.
1. the land is on a small lake, we are at the end that is classified as a "wet lands"
2. the water only flows when it rains.
3. the water may possibly reach the lake but only after it crosses my property and onto the neighbor to the Left of me. His land is also vacant.
4. All 3 properties are vacant at this time and have old growth timber on them. mostly Cedar some Doug Fir.
5. We are having the land surveyed, should be finished this afternoon if they stick to the schedule?
6. Wetlands specialist was out last Friday (8-13-04) Wanted to call the whole thing a wet land but could not get the soil samples he wanted so he's now looking to call the drainage part an "intermittent stream" since it's only there when it rains. And I loose 50 ft from right to left about half way down the depth of the property.
7. If the neighbor who owns (just purchased 12.31.1999) the land would divert it I would not have this problem.
8. What should I do to get the new land owner to take care of the land / water drainage on his side of the fence?
9. the catch - - Both he and his wife are Lawyers.. don't know their specialty but when I spoke to him on the phone he would not commit to anything.

I look forward to your reply's!!
jon
 


HomeGuru

Senior Member
jonmcd said:
What is the name of your state? Washington State.
Ok, I'm new to this board as of this morning and hope to find the answers I'm looking for... so far it looks real good!

Q? 1. We are purchasing 2 parcels of land which we'll have combined into one (about .97) next to this land to the Right are 35 acres, Old farm land, mostly grass with a few large old growth trees, Doug fir and a couple of Cedar. the farmer had dug a ditch to drain the water from the land over to the corner close to the land I'm purchasing and put 2 culverts under a road on his side of the fence. But even though it is on his side of the fence once the water passes under the road it is allowed to gravity feed down hill where ever it wants.
Of course it flows across (about half way) my new property and then across my neighbors to the left. That's a 25 foot set back for an intermittent stream from the center of the marks. that's 50 feet of property I loose right smack in the middle of it running all the way across from right to left plus the 100 foot set back from the lake. 30 feet from power poles in the front ..you get the point, I just can't afford the 50 ft in the middle of the property.

So, here's the skinny.
1. the land is on a small lake, we are at the end that is classified as a "wet lands"
2. the water only flows when it rains.
3. the water may possibly reach the lake but only after it crosses my property and onto the neighbor to the Left of me. His land is also vacant.
4. All 3 properties are vacant at this time and have old growth timber on them. mostly Cedar some Doug Fir.
5. We are having the land surveyed, should be finished this afternoon if they stick to the schedule?
6. Wetlands specialist was out last Friday (8-13-04) Wanted to call the whole thing a wet land but could not get the soil samples he wanted so he's now looking to call the drainage part an "intermittent stream" since it's only there when it rains. And I loose 50 ft from right to left about half way down the depth of the property.
7. If the neighbor who owns (just purchased 12.31.1999) the land would divert it I would not have this problem.
8. What should I do to get the new land owner to take care of the land / water drainage on his side of the fence?
9. the catch - - Both he and his wife are Lawyers.. don't know their specialty but when I spoke to him on the phone he would not commit to anything.

I look forward to your reply's!!
jon
**A: you need to level the playing field and hire your own real estate attorney that specializes in land use and wetlands.
 
J

jonmcd

Guest
I figured as much, about the Lawyer.

But, I'm looking for a little more specific information that that.

i.e. does the "drainage" from someones else's land need to be handled by them, on their property and not on mine?

after all it is drainage, it's only there when/after it rains.
 

HomeGuru

Senior Member
jonmcd said:
But, I'm looking for a little more specific information that that.

i.e. does the "drainage" from someones else's land need to be handled by them, on their property and not on mine?

after all it is drainage, it's only there when/after it rains.

**A: generally yes, but the wetlands issue throws things off.
 
J

jonmcd

Guest
What about the culverts?

ok, "**A: generally yes, but the wetlands issue throws things off."

I agree,
Question? If culverts were installed to "drain off" the water that is making up these "wetlands" then would they have to remove the culverts and maintain the wetlands on their property?

thanks for the help by the way. :D
 

nextwife

Senior Member
The drainage may be "altering" the wetlands improperly. So you really need to have your own attorney, well-versed in environmental and real estate law.
 

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