Canal

Canal we built is partially on our neighbors property...

What is the name of your state?What is the name of your state? NJ

My home is located in an area with a water problem. My husband and I built a canal next to the fence of the neighbor behind us to help drain our property so we aren't flooded (fence belongs to the neighbor). This was done 18-20 yrs ago and has significantly improved our situation. Our neighbor has since moved and a new couple owns their home. The new neighbor who is there about 10 yrs now has these huge white pipes running from his drains and his back yard to our canal. It turns out that since his fence is a foot in from the property line (town law) a portion of the canal (less then 1/2 a foot) in some areas is on his property. Therefore, our town won't stop him from connecting into the canal we built with those big ugly pipes of his. The bigger problem is that the canal's capacity can not hold the sum of the water being sent to it so we are flooded again. It is unfortunate that our neighbor would rather try and detour the water toward us rather then build his own canal on the other side of his house where he could catch it as it comes down the hill. I addition he has brought in 6-7 truck loads of dirt which he is using to raise his property and change the topography. This is really going to make all my husbands efforts in building the canal moot. What I want to know is:

1) If we want to pull part of the canal out and move it fully onto our property can we do that?
2) Will there be a problem for us to move the canal because of how long it has been partially on his property (i.e. can he stop us from moving it?)
3) (a long shot I know but) Does NJ have an adverse possession law that would make that quarter to a half a foot of his property that our canal is on ours, given the length of time the canal has been there? (I don't care about owning the property I just don't want to be stopped from changing what be built)
4) Is there any rule or law that can protect/help us in this situation?

Ultimately we would like move the canal and build a small 3-4ft brick fence (as not to view the large pipes that are an eyesore) and put the canal on the inside of our new fence. The town already told us we could put a brick fence in. However, I did not mention about moving the canal yet because of my above mentioned questions.

Thanks for your help

Check the laws (building ordinances) in your area ..... if the building department doesn't have the information, they certainly should be able to direct you to the proper source.

Here in CA it is illegal for water to drain from one persons property onto anothers property. This is true regardless of whether it is water from irrrigating, or simply rain water. Failing to direct your own water-shed where it won't flow onto neighboring properties is considered negligent. Not only is this against the law, but if any damage has resulted from this, the negligent owner is financially responsible for same.

Certainly, changing the topography, installing drain pipes that are "aimed at" your property clearly violates this statute. This shows intent rather than just negligence. Since the "truckloads of dirt" are already there, there are questions in my mind ...... did you see these trucks .... do you remember the exact dates ...... how many truckloads were brought in .... was it a company that delivered the dirt ..... can you get a copy of the workorder ..... or some proof that this was done?

Also, building a brick wall will probably not work now, if water is naturally flowing onto your land from theirs. This water will most likely undermine the foundation of this wall and cause it to fall or colapse. Building one knowing this will not benefit anyone.

Have you talked with these new neighbors yet, or did you expect them to pick up on your distress telepathically? ..... Sorry, I had to ask.