What should I do?
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Forum Name: Shops, Barns, Varmints, and Trucks
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URL: https://www.allischalmers.com/forum/forum_posts.asp?TID=147907
Printed Date: 15 Jun 2024 at 11:21pm
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Topic: What should I do?
Posted By: Thad in AR.
Subject: What should I do?
Date Posted: 25 Feb 2018 at 7:02am
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My neighbors property is flooding and washing us out again. It doesn't take much rain anymore to get washed out. Jenn and I spent days cleaning and re landscaping after last years flood. Some of you may remember this from last year. The neighbor has developed health problems and quit drinking since then. They have a culvert draining straight down on our property that didn't need to be there but they put it in a couple years back. their ditch is full of debree and plugs my culvert and then washes out our drive. I went and cleaned the ditch out last year some but it wasn't enough. Its gonna take a backhoe/excavator.
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Replies:
Posted By: fixer1958
Date Posted: 25 Feb 2018 at 7:57am
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I have the same problem but can't blame it on anyone. My crossing has 4 3' tubes in it and the debris washes down the creek and plugs the tubes. Turns in to a 150' wide river going over the drive. I have it now where it will leave the drive mostly intact but you won't drive over it when it's flowing. Won't happen if the tubes are clear after a 6"-8" rain but will need to be cleaned out afterwards. I have cleaned those out more times than I can count. Every way you can imagine. After the last time I bought an excavator and put a thumb on it. Ain't doing that chit no more. Took about 30 minutes. Before depending on how big the mess was could take all day or to. It's good for firewood too, big logs. Thinking of building a splitter to go on it. https://www.youtube.com/watch?v=x3S-pyo2Iz0" rel="nofollow - https://www.youtube.com/watch?v=x3S-pyo2Iz0 Looks like the epitome of lazy but I'm sure it's not as easy as all that. |
Posted By: Dakota Dave
Date Posted: 25 Feb 2018 at 8:22am
| If the water control board didn't approve the culvert have them take it back out. |
Posted By: desertjoe
Date Posted: 25 Feb 2018 at 9:49am
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Hey Thad,,,I'm like ole Dave and remember the problems you had with the dude last year over the floodin issues. If talkin to him does not do the trick,,I would still go and mention that you ARE goin to the county department that supervises those issue,,UNLESS he does his part to makin things right. THen DO It,,,Life's too danged short to argue with neighbors who tend to take advantage of you. Good Luck,,!! If you gots a good trailer,,,you can come borry my backhoe anytime,,,, 
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Posted By: shameless dude
Date Posted: 25 Feb 2018 at 4:51pm
| if he changed the original flow of the water, then he's at fault, contact the DNR |
Posted By: jaybmiller
Date Posted: 25 Feb 2018 at 5:01pm
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so where would the water go if HIS culvert got pluged up? I know someone who was fed up with the neighbour's water pouring onto his land..so ..for some 'reason' the connecting culvert got plugged up, now the neighbor's water stays on HIS land.... best bet is to call 'someone' in the guv, take pictures, send emails with pix attached, if no action, go up the 'pyramid of power', every 3 days, until something happens. if zero response, rent backhoe, build a tall friggin berm to redirect the water away from your property THEN someone will listen ! if you want to have 'fun', put a lien on the guys property or the town's equipment for the cost of bachoe rental ! ------------- 3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
Posted By: desertjoe
Date Posted: 25 Feb 2018 at 6:33pm
That right there is the best advice,,I know it pretty much takes an act of congress to "Change the original Flow of Water" so,,,you got a big one in your favor...Good Luck,,!! |
shameless dude wrote:Posted By: Thad in AR.
Date Posted: 29 Mar 2018 at 6:23am
| The neighbor is back to drinking again. He stopped by and gave me permisson to get a backhoe on his property and clean the ditch and divert the water from the culvert draining on us. He seemed like he was gonna be easy to get along with on this. I didn't ask him to stop he did because he saw all the water washing us out. He may not remember this so Im gonna go see him early Saturday. |
Posted By: Thad in AR.
Date Posted: 29 Mar 2018 at 6:49am
This is our drive after a big rain. 
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Posted By: Dave H
Date Posted: 29 Mar 2018 at 7:28am
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So as stated before, has water been diverted so it floods your land and causes damages? i think that is the key factor. |
Posted By: steve(ill)
Date Posted: 29 Mar 2018 at 7:23pm
THATS A LOT OF WATER !! ------------- Like them all, but love the "B"s. |
Posted By: shameless dude
Date Posted: 29 Mar 2018 at 10:54pm
| you need a kayak |
Posted By: Alberta Phil
Date Posted: 30 Mar 2018 at 9:48am
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Or a bridge!!! |
Posted By: fixer1958
Date Posted: 31 Mar 2018 at 6:53am
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My driveway does the same thing in monsoon season if the tubes get plugged. I asked my insurance company about it once and they said it was an 'Act of God' and couldn't do anything about it unless it was a result of someone else so they could go back on them. Say someones pond dam burst etc. If it is a result of this guy putting in the culvert he would be held responsible. |
Posted By: Thad in AR.
Date Posted: 31 Mar 2018 at 7:38am
The pics shown are from a huge amount of rain, half that water comes from the other added culvert and the other half due to debrs plugging my culvert. when ours plugged it completely filled the neighbors ditch and rerouted and cut a new ditch. I got up there and got the original ditch flowing with a pick and shovel. Iit won't hold in a big rain but works for now. The neighbor gave me permisson to get a backhoe up in there and fix the ditch and cut a new ditch to divert the water from the new culvert. The big question is, does he remember giving me permisson?
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Posted By: shameless dude
Date Posted: 31 Mar 2018 at 7:43am
| get anything in writing if you have any questions on who said what in case someone thinks it should go to court |
Posted By: Thad in AR.
Date Posted: 31 Mar 2018 at 7:57am
For sure |
Posted By: shameless dude
Date Posted: 31 Mar 2018 at 8:05am
| there is a township road neighboring one of my fields. the dude that lived at the end of that road decided to replace the old tube under the road for a bigger one so it would drain off his property better! just before the next big rain, I....er....someone had placed a few sand bags up inside that tube. so it really didn't drain as well as he thought it would. I did contact the county, and they contacted the township board, which hired a contractor to come out and replace the bigger tube with one of the same size as the original one. said that dude didn't have permission nor any right to do what he did. the township gave me the new tube they took out which pee'd off the other dude even more! lol |
Posted By: desertjoe
Date Posted: 31 Mar 2018 at 9:34am
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And,,,,and,,,,you was most assuredly peekin around the barn takin all this in wasn't you,,and snickering all the time too,,,,, UMMmmm,,,how much did you get for thet brand new culvert,,,?? |
Posted By: Thad in AR.
Date Posted: 31 Mar 2018 at 10:59am
You’re wearing off on me. You ain’t the only one on here that has coven thought to the ole sandbag idea. |
Posted By: Ted J
Date Posted: 31 Mar 2018 at 3:30pm
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If he doesn't remember, or won't sign an agreement (just a simple paper written up by you) then the next time it rains, get out there with a movie camera!! What kind of phone do you have?? 99% take EXCELLENT movies! Take a video of WHERE the water is coming from and going to. That's all the DNR and the courts would need to hang the opposite side of his lap. There is NO excuse for that from a neighbor. I could understand if the DNR, State, City or township did the work.....did you know that they can make water run uphill. ------------- "Allis-Express" 19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |
Posted By: JohnCO
Date Posted: 01 Apr 2018 at 1:06am
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Out here, water runs toward money! ------------- "If at first you don't succeed, get a bigger hammer" Allis Express participant |
Posted By: Thad in AR.
Date Posted: 02 Apr 2018 at 12:02pm
| We walked his property yesterday to make a game plan. He stopped by hammered drunk and made it clear that he won’t be easy to get along with on this. He wants me to landscape their entrance before we fix the water problem. Or before he lets us fix the problem as he says. Jenn is looking in to the legal way to fix this. I’m afraid to take equipment on his property. |
Posted By: jaybmiller
Date Posted: 02 Apr 2018 at 12:31pm
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sounds to me you'd have to fix the water problem BEFORE landscaping, otherwise water will destroy the landscaping. don't think you'll ever win with a drunk though... and I would NOT take your equipment onto his land There's gotta be some 'legal arm' you can tug at BEFORE the next rains come ?? All I know, is you're between a rock and a hard case, best of luck Maybe block the water and divert onto the road ?? That 'krap' musttav floated 'downstream'....ooopsy ?? ------------- 3 D-14s,A-C forklift, B-112 Kubota BX23S lil' TOOT( The Other Orange Tractor) Never burn your bridges, unless you can walk on water |
Posted By: Stan IL&TN
Date Posted: 02 Apr 2018 at 1:24pm
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I have seen folks place a series of stakes across ditches to catch debris and prevent it from plugging the culvert. Might be an option? ------------- 1957 WD45 dad's first AC 1968 one-seventy 1956 F40 Ferguson |
Posted By: fixer1958
Date Posted: 02 Apr 2018 at 1:29pm
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I did that with 6' t-posts and it bent them over. Didn't lean them.....bent. |
Posted By: Ted J
Date Posted: 02 Apr 2018 at 5:05pm
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Thad buddy, you're going to have to get someone else involved with this. Seeing as he's hammered most of the time, he can't be held accountable for ANYTHING he tells you. CYA and get someone else to come out with you, such as a field agent for the county. You don't have to tell him who he is, just a buddy looking to help you. THEN,,,,,,,,your side of it is taken care of and he can go soak his head or whatever else he wants...CYA!! ------------- "Allis-Express" 19?? WC / 1941 C / 1952 CA / 1956 WD45 / 1957 WD45 / 1958 D-17 |