This is what our lawyer said initially when we asked him about culvert draining the development over us’ water onto our land. We have for almost 9 years thought this culvert is illegal and have been trying to work amiably with their homeowners association to remove it. Well, it came to a head last week when Tom drove up there to look at it while it was yet again flooding our fields. The association president saw Tom up there and a shouting match ensued. No threat of violence or violence occurred, but the pres. tried to throw a rock at Tom’s truck as he drove away. The pres. said he was going to call the sheriff and get a restraining order. The sheriff was called but thankfully he did not waste his time or taxpayer dollars by visiting us. So now we are visiting the land use lawyer again (second time in one year).
Since the culvert is well onto our land, failing and eroding our land, bringing down marketable trees, flooding our land and threatening our livestock, he feels we have a case. He will be sending a letter to the pres., and if we do not get a response we will be going to court.
Isn’t it fun being a land owner!?!