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Neighborhood flooding easement question #2746133
02/23/19 12:42 PM
02/23/19 12:42 PM
Joined: Jul 2001
Posts: 5,425
B'ham
B
Buckscent Offline OP
12 point
Buckscent  Offline OP
12 point
B
Joined: Jul 2001
Posts: 5,425
B'ham
Lived here (Jeff Co) for 25 yrs. when we moved here the 10’ easement between mine and the neighbors house and was probably 3-4 feet deep for drainage then turns at the corner of my property and runs under the road. Well over the last 25 years this drainage has filled up and now almost even with my yard and my shop floods, my whole backyard floods. Does anyone know what my options are? I mean can I go rent a backhoe and just dig it all back out? Neighbors don’t really flood so they don’t care if it flooding mine or not. Not sure they will want it dug out either but I have to do something.

Re: Neighborhood flooding easement question [Re: Buckscent] #2746140
02/23/19 12:53 PM
02/23/19 12:53 PM
Joined: Apr 2013
Posts: 4,618
Alabama
R
Rmart30 Offline
10 point
Rmart30  Offline
10 point
R
Joined: Apr 2013
Posts: 4,618
Alabama
Give the county a call. They came 3 days after I reported a ditch to them at my place that needed cleaning out. If not handled in a month or so Id clean it out myself.


Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
Re: Neighborhood flooding easement question [Re: Buckscent] #2746146
02/23/19 01:03 PM
02/23/19 01:03 PM
Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
S
scrubbuck Offline
10 point
scrubbuck  Offline
10 point
S
Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
If problem is on county road right of way, county road dept should help out. If issue is on the easement between yalls houses county probably can't help you. If it is a subdivision see what your covenants say and talk to HOA if you have one.
If none of that works I'd clean it out myself. Just make sure you call 811 to check for buried utilities. If you don't, it can get costly if you hit one.

Last edited by scrubbuck; 02/23/19 01:06 PM.
Re: Neighborhood flooding easement question [Re: Buckscent] #2746172
02/23/19 01:46 PM
02/23/19 01:46 PM
Joined: Jul 2001
Posts: 5,425
B'ham
B
Buckscent Offline OP
12 point
Buckscent  Offline OP
12 point
B
Joined: Jul 2001
Posts: 5,425
B'ham
Called county last year and all they said all they can do is what they can reach from the road. Yes is a subdivision, yes is between the back of our houses which both backyards butt up. Also, the house next to them (where all 3 of us butt up). It actually is going uphill now a little bit and it goes under the road behind us thru the covert. The ditch between the other house and my side(not the back) needs to be cleaned out to but he has no problem with me doing it. I just want to know if I do clean It out I’m not going to get sued by them. One is a real piece of work, the other neighbor is probably ok with it maybe. Just want all my options before I go talk to them in case they say no. If there is no way I can do it then I don’t even need to go talk to them about it. And I’ll just move

Re: Neighborhood flooding easement question [Re: Buckscent] #2746178
02/23/19 01:53 PM
02/23/19 01:53 PM
Joined: Aug 2006
Posts: 8,855
Andalusia, Covington County, A...
TexasHuntress Offline
14 point
TexasHuntress  Offline
14 point
Joined: Aug 2006
Posts: 8,855
Andalusia, Covington County, A...
Maybe the option will present itself so you can just buy the neighbor's house, fix the issue between the yards with some permanent barriers to keep it from filling in or washing and then sell that house again. It seems like that would be the most hassle free if the neighbors are difficult. Or maybe moving would be easier.


If you live to be a hundred, I want to live to be a hundred minus one day, so I never have to live without you.---Winnie the Pooh
Re: Neighborhood flooding easement question [Re: Buckscent] #2746207
02/23/19 02:58 PM
02/23/19 02:58 PM
Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
S
scrubbuck Offline
10 point
scrubbuck  Offline
10 point
S
Joined: Dec 2007
Posts: 4,617
Bay Minette, AL
Originally Posted by Buckscent
Called county last year and all they said all they can do is what they can reach from the road. Yes is a subdivision, yes is between the back of our houses which both backyards butt up. Also, the house next to them (where all 3 of us butt up). It actually is going uphill now a little bit and it goes under the road behind us thru the covert. The ditch between the other house and my side(not the back) needs to be cleaned out to but he has no problem with me doing it. I just want to know if I do clean It out I’m not going to get sued by them. One is a real piece of work, the other neighbor is probably ok with it maybe. Just want all my options before I go talk to them in case they say no. If there is no way I can do it then I don’t even need to go talk to them about it. And I’ll just move

This is where having an HOA in place can help you. If it were me, i would at least talk to my neighbors. Who knows...y'all might all be on the same page and just don't know it.

Re: Neighborhood flooding easement question [Re: Buckscent] #2746232
02/23/19 03:40 PM
02/23/19 03:40 PM
Joined: Feb 2002
Posts: 44,211
North Alabama
W
Wiley Coyote Offline
Freak of Nature
Wiley Coyote  Offline
Freak of Nature
W
Joined: Feb 2002
Posts: 44,211
North Alabama
This is a situation where living in the country without a neighbor within 500 feet has one of its many benefits.


I firmly believe that a double gallows should be constructed on the East Lawn of The White House. Politicians who willfully and shamelessly violate their oath to uphold and defend the Constitution of the United States of America should be swiftly tried and, upon conviction, publicly hanged at sunup the day after conviction. If multiple convicts are to be hanged they can choose with whom to share the gallows or names shall be drawn from the hangman's hat to be hanged 2 at a time.




NRA Life Member
Re: Neighborhood flooding easement question [Re: Buckscent] #2746290
02/23/19 06:10 PM
02/23/19 06:10 PM
Joined: Mar 2016
Posts: 2,021
AL
T
therealhojo Offline
8 point
therealhojo  Offline
8 point
T
Joined: Mar 2016
Posts: 2,021
AL
If it is an actual recorded easement on a survey, that's what it's there for.


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