This post has been de-listed
It is no longer included in search results and normal feeds (front page, hot posts, subreddit posts, etc). It remains visible only via the author's post history.
I bought a house last year. The previous owner was a real piece of work. I received my search and survey pretty much the day I signed for the house, and unfortunately they never staked the property lines. I recently discovered that the spillway to my pond goes to a culvert pipe that goes underground and through my neighbors property to a stream. I don’t have any documentation that the previous owner got permission to run this culvert pipe through the neighbors property. That neighbor is now subdividing his property. Am I liable for this culvert pipe running through his property? Can I go after the previous owner if there is an issue? I am in NY. I didn’t get an inspection before buying.
It’s unclear but this seems like it may be an artificial pond. If that is the case, the drain is definitely OP’s problem. The lower landowner must accept the natural flow but the upper landowner cannot alter the natural flow such that it increases the burden of the lower landowner. Concentrating the runoff from a pond would definitely fall into that category and likely there was a handshake agreement by the owners at the time the pond was built. Unfortunately that doesn’t help OP.
Subreddit
Post Details
- Posted
- 6 months ago
- Reddit URL
- View post on reddit.com
- External URL
- reddit.com/r/AskLawyers/...
I mean I guess good luck. I am in Ohio dealing with a very similar situation as the lower property owner. The county is not going to have a record of the installation unless there was an easement and permit filed, which seems very unlikely here. It is not legal in Ohio to concentrate the drainage and dump on a lower neighbor. It is a civil issue though. The culvert was likely installed when the pond was constructed based on an agreement with the lower owner. This is exactly what my attorney is currently pursuing with upper owners who have installed drainage tiles dumping onto my land.
You should also be aware that agricultural drainage is treated differently in Ohio. Based on the post, I don’t think this would be considered an agricultural setting.