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  #21  
Old 03/21/08, 09:17 PM
Alice In TX/MO's Avatar
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Quote:
Originally Posted by RosewoodfarmVA View Post
So, the owner of the land upstream is responsible for the 4 places my fence got washed out in the recent storm?

No, he or she is not, unless said person changed the natural flow of the run off.
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  #22  
Old 03/23/08, 01:24 PM
 
Join Date: Oct 2005
Location: Southside Virginia
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Quote:
Originally Posted by Rose View Post
No, he or she is not, unless said person changed the natural flow of the run off.
My point exactly. I'm responsible for damage on my own land, not anyone else. To expect someone else, even the county/township, to fix MY problems is not responsible land ownership.
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  #23  
Old 03/23/08, 10:44 PM
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Well, yeah, these are the answers I expected -- and I'm glad to have backup. If something is *changed* then the uphill folks might be held responsible. This is very good to know, just in case that guy sells to a developer and suddenly our stream becomes a river.

Nothing we've done or plan to do will impact the amount or direction of water funneled downhill. As rambler said, we're diverting it around our stuff, but not into someone else's place. There's a decent sized culvert along the road, connected with pipes under everyone's driveways, that leads down the road eventually dumping into a creek.

The trick is to get it from the top of the hill, where it collects in a small streamlet, around our barn where it mingles with runoff from the barn roof, and channel it into the narrow slot between the garden, pool and house, thence under the fence and through a less-sloped wooded lot toward the drainage culvert.

I told the landscape guys what we really needed was a dry creek bed. They scoffed and said a wall would do the trick, along with a little bit of "natural" contouring. But it's OK. It doesn't usually pour rain like it did last week - not so much all at once - we can add that dry creek bed gradually. It'll be fun.
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  #24  
Old 03/23/08, 10:54 PM
 
Join Date: Oct 2006
Location: Arkansas
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Quote:
Originally Posted by RosewoodfarmVA View Post
My point exactly. I'm responsible for damage on my own land, not anyone else. To expect someone else, even the county/township, to fix MY problems is not responsible land ownership.

You can call the county or township and raise hell with them but it will probily not do anything about your problem. The government can't fix everything.
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  #25  
Old 03/24/08, 12:21 PM
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Quote:
Originally Posted by RosewoodfarmVA View Post
So, the owner of the land upstream is responsible for the 4 places my fence got washed out in the recent storm?
No you have that backwards, washouts move upstream so you would be responceable for the damage to his property from the changes you made.
(the sudden change of the creek depth from your washout reaching the line between you)
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