Sol?

[lealea1005]

What is the name of your state? NJ

I own a piece of property in NJ. A neightbor has trespassed onto our land and flooded part of it, artificially making it wetlands. Because of what he did, there has been an appox. 90% loss on the value of the property.

My questions are: How long is the SOL? When does the SOL start...when he trespassed, when we found out he trespassed or from the date he caused loss of value to our property?

Thanks a lot.

 

[Ozark_Sophist]

How did he flood your property? Did he create an impoundment that backed up on your land? Or did he remove soil? More information helps us provide a better answer.

 

[lealea1005]

How did he flood your property? Did he create an impoundment that backed up on your land? Or did he remove soil? More information helps us provide a better answer.

He put a PVC pipe underground and dug a trench on our property. The water from his property drains onto ours.

He made what was isolated wetlands, "non-isolated". We only know this now because we just got the final determination from DEP.

 

[lealea1005]

Ozark

What other info would be helpful to you?

 

[BelizeBreeze]

What is the name of your state? NJ

I own a piece of property in NJ. A neightbor has trespassed onto our land and flooded part of it, artificially making it wetlands. Because of what he did, there has been an appox. 90% loss on the value of the property.

My questions are: How long is the SOL? When does the SOL start...when he trespassed, when we found out he trespassed or from the date he caused loss of value to our property?

Thanks a lot.

well, the salient fact that is missing is WHEN did he do this?

 

[seniorjudge]

well, the salient fact that is missing is WHEN did he do this?

AND

do you know for certain that it is your land that this has happened on and why did you allow him to do this while it was happening?

 

[lealea1005]

well, the salient fact that is missing is WHEN did he do this?

Exactly. We don't exactly when he did this. We are out of state and only get up there occasionally. We've owned the property for approx. 15 years. When we bought the property, there was no mention of wetlands. We started trying to sell the property about 7 years ago and when the DEP came in, they noted the wetlands due to the drainage from his property, and designated it "isolated". Recently, we got a final designation from the DEP of "non-isolated". The DEP specifically stated the wetlands were created by the pipes and drainage from the neighboring property.

 

[seniorjudge]

What is the DEP and what is the designation you are talking about?

Give us some details and facts.....

 

[lealea1005]

What is the DEP and what is the designation you are talking about?

Give us some details and facts.....

Department of Environmental Protection. Evidentially, in NJ when you sell undeveloped property, they must come in and check for wetland status. When we bought the property 15 years ago, there were no wetlands. When we tried to sell the property 7 years ago, they designated part of the property as "isolated" wetlands (you are still permitted to build without buffers). Recently, the DEP changed the designation to "non-isolated" wetlands (we must have a 50ft buffer around the "wetland area"). This seriously diminishes the value of the property.

All of the changes were caused by the neighbor draining water from his property onto ours via a buried PVC pipe and trench that starts on his property and continues on to ours.

Legally, (according to the DEP) we cannot remove or change the pipe or trench because that will "alter" the wetlands.

Soooo.....the question as to when the statute of limitations starts. When he trespassed, when we discovered he trespassed, or the date we discovered the loss of value to the property.

Thanks...I know this is really confusing. We've been dealing with this for years.

 

[lealea1005]

AND

do you know for certain that it is your land that this has happened on and why did you allow him to do this while it was happening?

Yes, the property is ours. Yes we now know for certain he has been doing this because he has admitted so to myself, my husband, the developer & the DEP representative.

 

[MyHouse]

If you removed the pipes yourself and filled in the trenches, would your land be restored to its original condition? Is it feasible to do this? Would it take heavy machinery to accomplish this?

Have you talked to the person who did this to your property? Sometimes all it takes is a letter from an attorney to get a problem resolved.

 

[lcannister]

Yes, the property is ours.

You know this by survey, correct?

Can your Atty not tell you the meaning of trespass and the ramifications? Can your Atty not tell you how to resolve the value issue for your suit. etc. etc.? You DO have an Atty?

 

[Ozark_Sophist]

Essentially, the neighbor is trying to claim your land through adverse possession. The encroachment of the PVC and drainage on your property has been open/known for seven years. As the drainage system is still encroaching on your property, your neighbor is still trespassing on your property, so statute of limitations does not apply. So unless NJ adverse possession is 7 years or less, I think you sue for trespass. Anybody else have any thoughts?

 

[seniorjudge]

Department of Environmental Protection. Evidentially, in NJ when you sell undeveloped property, they must come in and check for wetland status. When we bought the property 15 years ago, there were no wetlands. When we tried to sell the property 7 years ago, they designated part of the property as "isolated" wetlands (you are still permitted to build without buffers). Recently, the DEP changed the designation to "non-isolated" wetlands (we must have a 50ft buffer around the "wetland area"). This seriously diminishes the value of the property.

All of the changes were caused by the neighbor draining water from his property onto ours via a buried PVC pipe and trench that starts on his property and continues on to ours.

Legally, (according to the DEP) we cannot remove or change the pipe or trench because that will "alter" the wetlands.

Soooo.....the question as to when the statute of limitations starts. When he trespassed, when we discovered he trespassed, or the date we discovered the loss of value to the property.

Thanks...I know this is really confusing. We've been dealing with this for years.

This is the first time I have ever heard of artificially-created wetlands....

 

[Ozark_Sophist]

Artificial wetlands can be aggravating. I think the policy developed because of the threat to wetlands in general. Now, if it's wet and sustains certain wildlife/plant life, it deserves protection because so much has been lost to development. I've even heard of run off swales from large parking lots gaining wetland designation.

How large is the property in question?