Is my neighbor allowed to drain his property onto mine using laid pvc pipe?
Now, on my property there is a shallow drainage depression that is on my property which runs parallel his property.
He recenty installed / laid and buried PVC pipe so as to divert standing water in the middle of his yard over to the property line of his yard and mine.
The angle / elevation of the buried PVC pipe is such that when it gets to the property line it is too deep in the ground to naturally flow into the shallow drainage that runs parallel to his property.
Is he allowed to come into my yard and scoop out a short "trench" to allow the water not to back up onto his property?
I'm in Tennessee -- Shelby County -- not in the city limits.
Answers:
No, he is not allowed to do that without your permission.
Other answers:
I don't know the local codes, but my thought would be NO. Is it a french drain? Does the PVC have holes in it to allow water to soak into the ground around it or is it a solid PVC pipe running to your yard? Is there an outlet to the pipe?
I don't know the local codes, but my thought would be NO. Is it a french drain? Does the PVC have holes in it to allow water to soak into the ground around it or is it a solid PVC pipe running to your yard? Is there an outlet to the pipe?
I doubt it, you can call your health department and complain they will make a call to your neighbors and you house to inspect, they will tell you upon inspection if there was a violation. I know because we ran off our Washer to a pvc pipe in the side yard and it soaked the neighbor's yard and he got mad and called the health department, we had to reattach it to the main septic line. Or sewer in other cases. good luck
I doubt it. Neighbors are such a pain.
BY LAW YES HE CAN, BUT YOU CAN ALSO LAY ONE BACK OR BUT UP A BARRIER.
call a county official to get you on the right track. i dont see how he could do anything to your property with out your expressed permission.
Do you own the property?
does your landlord know?
Do you approve of it?
unless you said yes to any of these, he cannot come to your property and start digging for the sake of his property
He cant damage your property nor direct his waste onto yours. Check with local real estate lawyer and get a letter sent to him to demand abatement.
If you live in a "common enemy" doctrine jurisdiction (with respect to water), then yes he can. In that type of jurisdiction it is "every man for himself" so to speak regarding water runoff so as long he does not trespass onto your property he can direct water towards it. Common enemy jurisdictions are somewhat rare, however, so chances are he cannot legally do what you describe. I suggest taking pics of whatever he has rigged up and talking to a boro or county code official. If it comes to litigation, this would be a civil matter--not a criminal matter.
No - I do not believe one can change the natural fow of water to anothers property to benifit ones own property.
No, he can't trespass onto your property for any reason. But remember, he is your neighbor, and for a few feet of trench, it doesn't make sense to start a feud. If you do want to start a feud, however, you can easily do so by plugging the end of his PVC pipe.
NO! They are not allowed to force water onto your land, in order to drain thier land. If the path of the water wasnt naturally going to your land then you have recourse...
Go to the County Engineer for your County and see what you can do... You can get something done, and may have to sue him, if he doesnt do something about it draining on to your land...
Also, he CAN NOT go onto YOUR LAND and alter it...Its laughable at what some people think they can get away with!
Go to your County Office and have it taken care of, before hard feelings,...(well theres going to be somee anyways), before it comes to blows, with your neighbor....
If you talked to him and tell him he cant do this and he just gives you the brush off, or some "choice words", then, bring in the law!
I wish you well...
Jesse