Join Early Retirement Today
Reply
 
Thread Tools Search this Thread Display Modes
Old 12-16-2014, 05:09 PM   #21
Moderator
Ronstar's Avatar
 
Join Date: Aug 2007
Location: A little ways southwest of Chicago
Posts: 9,336
And don't forget to get an NPDES permit to comply with the US EPA Clean Water Act
__________________

__________________
Ronstar is offline   Reply With Quote
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!

Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!

Old 12-16-2014, 05:26 PM   #22
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
youbet's Avatar
 
Join Date: Mar 2005
Location: Chicago
Posts: 9,965
Or to check for environmental impact implications. Draining wetlands is a serious undertaking in regard to the potential impact on native species and violations carry serious penalties!
__________________

__________________
"I wasn't born blue blood. I was born blue-collar." John Wort Hannam
youbet is offline   Reply With Quote
Old 12-16-2014, 06:17 PM   #23
Moderator
rodi's Avatar
 
Join Date: Apr 2012
Location: San Diego
Posts: 8,796
I'm surprised this wasn't addressed by the permit issuing agency when the pool and hardscape were put in.

We're on top of a hill, with homes below us. When we built our granny flat halfway down the hill, we created more roof drainage - plus the hardscape of the path and patio. We were mandated to hire a civil engineer - who dictated we put in a basin and pump system, and pump the water back up to the street where it flows into the city's storm water system. Our development, when originally built - had the "flat" part of the lots all drain to the street - so this was following that idea. This added a lot of expense since we had to put in drainage pipes behind retaining walls, etc... all flowing to this pump basin.

The city was serious enough about it that they come inspect it once a year to make sure the pumps are still operating and that the drains are clear.

Our neighbors below us were very nervous about our project - because of the storm run off issue. But were totally content when they saw how the issue was dealt with.

If the neighbors pool was done off permit I'd have more concerns... If the soil wasn't compacted appropriately around the pool, or necessary retaining walls put in to hold the pool in place. We know of a situation in our neighborhood where a pool was put in off permit - and is now sliding into the canyon below. Unfortunately, the current homeowners were unaware it was done improperly when they purchased the home.
__________________
Retired June 2014. No longer an enginerd - now I'm just a nerd.
micro pensions 7%, rental income 18%
rodi is offline   Reply With Quote
Old 12-16-2014, 06:33 PM   #24
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
Lsbcal's Avatar
 
Join Date: May 2006
Location: west coast, hi there!
Posts: 5,672
You guys bring up interesting points. I'm a retired EE but there is no electronics involved in this issue. Just water, drainage ... civil engineering stuff that gives me a headache. I'd rather go back to my spreadsheets but I'm trying to force myself to pay attention to the situation.

I seem to recall our neighbor mentioned city inspections. The pool is being done by a contractor that has plenty of experience in this area and an apparent good reputation. But I'm not privy to the details and don't want to piss my neighbor off by getting into his business.
__________________
Lsbcal is offline   Reply With Quote
Old 12-16-2014, 06:41 PM   #25
Full time employment: Posting here.
 
Join Date: Nov 2008
Posts: 728
a far out idea.....print/share with your neighbor at least part of this blog.....you were very nice in explaining the problem and then ask him how he believes the cost split should be made and who should do the work.....it appears both of you want to do the right thing......3rd person blog comments may make it easier for him to suggest; he pay for it all or you pay 10% to fix a problem caused by his pool. If I were him, I'd offer to pay for the whole fix. Good Luck
__________________
jerome len is offline   Reply With Quote
Old 12-16-2014, 08:46 PM   #26
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
 
Join Date: May 2005
Posts: 13,251
Quote:
Originally Posted by pb4uski View Post
By changing his property so that more water flows onto your property your neighbor has damaged your property and is responsible, and Greg seems to acknowledge that. Those who suggest that he has no responsibility are just plain wrong.



Given that the extent of the "problem" prior to Greg's improvements is unknown, a 90/10 split seems reasonable.

Even the article that you quoted said that it is still up in the air as to liability...

I gave a real example of my dad's land... the flow of water was changed due to two feet of fill... but lawyers said it was not his problem... end of story....

Also as I said, a local lawyer could answer the question right away so there would be no question....
__________________
Texas Proud is offline   Reply With Quote
Old 12-16-2014, 10:29 PM   #27
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
pb4uski's Avatar
 
Join Date: Nov 2010
Location: Vermont & Sarasota, FL
Posts: 16,396
I just re-read the article and it does not seem that equivocal to me.

I was responding to your post that said that "I can do anything that is legal on my property and not have to fix any problems that it creates on yours" and that statement is clearly wrong. If you change your landscaping and unnecessarily divert more water onto my property, even if your landscaping changes are legal, you could be held liable and the article makes that clear in numerous instances.

I also re-read your post and your Dad or the city could have been liable since the changes they made caused problems for the adjacent property. Just because some lawyer claims so is not convincing. The only way to really know is if the neighbor sued your Dad and it went to trial and a judgement.
__________________
If something cannot endure laughter.... it cannot endure.
Patience is the art of concealing your impatience.
Slow and steady wins the race.
pb4uski is offline   Reply With Quote
Old 12-17-2014, 12:36 AM   #28
Thinks s/he gets paid by the post
 
Join Date: Dec 2014
Posts: 1,645
I have not read all responses. However, I wanted to chime in about some zoning /covenants that are in place here that don't allow changing water flow. However in my case the city came in and did that to my detriment.
whatever your do... you don't want an easement on your property. It sounds like you have a good neighbor. Get it fixed with him... the next owner might not be easy to work with.
__________________
bingybear is online now   Reply With Quote
Old 12-17-2014, 11:21 AM   #29
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
Brat's Avatar
 
Join Date: Feb 2004
Location: Portland, Oregon
Posts: 5,913
In all honesty I think the OP should consult a local re/land use lawyer not because he wants to initiate litigation but because he wants to do this correctly.


Suppose.. the combined storm water becomes an issue at his end of the pipe. Who will the city look to, the OP. Effectively the OP is giving the neighbor an easement, this needs to be done with consideration of the impact long term.
__________________
Duck bjorn.
Brat is offline   Reply With Quote
Old 12-17-2014, 02:45 PM   #30
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
 
Join Date: May 2005
Posts: 13,251
Quote:
Originally Posted by pb4uski View Post
I just re-read the article and it does not seem that equivocal to me.

I was responding to your post that said that "I can do anything that is legal on my property and not have to fix any problems that it creates on yours" and that statement is clearly wrong. If you change your landscaping and unnecessarily divert more water onto my property, even if your landscaping changes are legal, you could be held liable and the article makes that clear in numerous instances.

I also re-read your post and your Dad or the city could have been liable since the changes they made caused problems for the adjacent property. Just because some lawyer claims so is not convincing. The only way to really know is if the neighbor sued your Dad and it went to trial and a judgement.

Neighbor tried to sue... it was his lawyer that told him he had no case... my dad talked to his lawyer who tried to mediate something... (I think my dad allowed him to put some drainage pipe under our property to the street... only a few feet needed)... my dad would never pay for a lawyer since we were poor... but he was a RE agent and knew enough....

True, my original stmt was too encompassing.... and I will take it back...


I still think it is a local issue.... and only a local lawyer will know for sure...
__________________
Texas Proud is offline   Reply With Quote
Old 12-17-2014, 02:57 PM   #31
Thinks s/he gets paid by the post
 
Join Date: Dec 2014
Posts: 1,645
might want to check zoning and covenants on the property. My covenants specifically covered that one can not change grading... etc in such a way that causes change in water flow (something to that effect).
__________________
bingybear is online now   Reply With Quote
Old 12-17-2014, 03:18 PM   #32
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
Brat's Avatar
 
Join Date: Feb 2004
Location: Portland, Oregon
Posts: 5,913
All of this is why the OP should seek the advise of a local RE attorney.
__________________
Duck bjorn.
Brat is offline   Reply With Quote
Old 12-17-2014, 03:31 PM   #33
Moderator
Ronstar's Avatar
 
Join Date: Aug 2007
Location: A little ways southwest of Chicago
Posts: 9,336
Quote:
Originally Posted by Brat View Post
All of this is why the OP should seek the advise of a local RE attorney.
Exactly - Having dealt with 100's of similar issues over the last 40 years, the one thing I've learned is that the uninformed or those that accept bad advice usually pay for their mistakes in the long run
__________________

__________________
Ronstar is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Had issue with a neighbor, need advice Mikec Other topics 41 01-15-2013 10:19 PM
Neighbor's Fence Issue tgotch Other topics 20 11-15-2009 09:57 AM
Neighbor issue - wisdom appreciated! SecondCor521 Other topics 20 08-08-2007 02:31 PM
Issue with neighbor laurence Other topics 49 12-27-2005 11:01 AM

 

 
All times are GMT -6. The time now is 05:46 AM.
 
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.