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Discussion Starter · #1 ·
I was wondering if any you guys have any experience with this situation , my neighbor has a pond that borders my property and he has a outlet that drains excess water and it runs through my property . I am wanting to builds house now and this water that runs through my property is a problem for me . It basically runs through my property and continues through my other neighbors vacant land .my question is can I stop that or is there another way to handle this .
 

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Is this a natural pond or something he created?

If natural---your problem--if he made it and fills it --his problem--if you feel like fighting him to correct it----Could the flow be channeled into a culvert?
 

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Discussion Starter · #3 ·
He dug the pond himself, the pond is on the left of my property and runs through my property to the right side of my property about 400ftin length. It make my property really soggy wet , it does the same to my neighbors property on the right. Someone told me to dig a ditch and run a French drain . This seams like a lot of work
 

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Yep---lots of work--without seeing the property the best remedy is only a guess--a french drain to gather the water leading to a culvert would be good---but the culvert needs to go somewhere---

Need to see the property----
 

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Pretty sure you're not allowed to drain water onto neighboring property. Might want to check with your municipality for all the rules and regulations for your area and then see if you can work out some sort of agreement with the neighbor
 

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That's why I asked if it was a natural pond---if fed by a small brook--the drainage is still the natural course of water flow---
 

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Discussion Starter · #7 ·
It's a man made , he dug it himself . I am going to run a underground drain tile across the property and cover it .
 

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How long ago did he dig his pond? There may be a time limit to your situation.

Is there any drainage in front of his property like a culvert along the roadway? Maybe he can redirect the overflow or build up the around the pond to store more of the water.

I see a lawyer in your future.
 

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Have you talked to him ?

I'd say; "I'm getting ready to build...I suppose you've given some thought as to when this day might come ? Where do you see this pond thing going.....etc ?" or "Where do you think we'll end up on this pond encroachment ?"

Try to maintain a good relationship. He might be aware the time will come to make a fix. Also, some folks don't know they've done wrong on the property. Just need to compare notes and get a time frame. 6 months to a year is not out of the picture in the realm...

He's responsible for his run off.
 

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in my state there isn't a requirement/permit for digging a pond but it does have to have a drain. Where it drains to should be lowland. Seems he should pay for an underground pipe leading to the stream behind you through your property. Good luck-people get shot over stuff like this!
 

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Discussion Starter · #12 ·
I talked to the pond owner and he acted like its my issue and told me that it's the natural flow of things and once I showed him that it was going across my property close to where the house is going , he was dumb founded but didn't know what to do or say . I contacted a excavator and he told me I needed to dig a ditch and create a French drain using a 8 in pipe , it's a 450 ft run and told me it's going to cost 10grand . I asked him if he had any of that weed he was smoking , so I could smoke some too so I could forget about his price .so as of now I haven't solved the issue yet . Might try to figure out a way to direct it to the main road culvert
 

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Discussion Starter · #14 ·
Your right mike , that's exactly what I'm going to do , lol. Just going to wait till the land dries up a little
 

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Easy E said:
it's a 450 ft run and told me it's going to cost 10grand . I asked him if he had any of that weed he was smoking , so I could smoke some too so I could forget about his price .
I am curious? Are you mad at the excavator? It costs a lot of money to dig a drain like that. It is not his fault the pond is there.
 

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Discussion Starter · #17 ·
No I am not mad at the excavator , he is doing a lot of other work for me , I am just paying ten grand for one days work , I have been in the construction business for 25 years and I have learned there is more than one way to skin a cat . But he is a good excavator , here in northern virginia where we are is a busy construction area and people will try to over charge very quickly . There is a company called cultec that sells containers that I can bury in the ground surrounded by gravel and can be used for this purpose, kinda like a minature drain field , I can set in in the ground close to the pond
 

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There's a line to walk, between being an accommodating neighbor and appearing to be an uncooperative, potentially lawyer-happy PITA, with these things. As I get older, I get less accommodating - part of the old-fashioned "good fences make good neighbors" deal is an awareness that my property is valuable to me, and I expect you to respect that.

I would document the conversation with a letter or an e-mail, describing the conversation and the date. Nothing aggressive, just a friendly recap of the conversation and of your concerns.

Now, if a heavy rain comes some day and the wall of that pond fails and you get 100,000 gallons of water and mud in your patio doors, or if that pond of his has diverted the water to an underground flow into your basement, you'll want some documentation of the history.

If your neighbor has half a brain he'll go out there and double check the dam, and think about his need for it. Maybe he has every right to have that dam, and you need to do some work on the drainage on your property. Or maybe not.

In California, it would be a rare situation where someone could build a new pond - maybe on a farm creek draining directly into the ocean. Water rights are a big deal here. Except in one of those rare situations the local water authority would show up with a dozer, take down the dam, and give the homeowner a bill for the work along with a hefty fine.
 
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