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southern MN | As tempting as it is, I'd keep the politics out of this. (And I do understand the politics....)
Water battles get expensive, and it depends on the laws of your state - he might be able to just dump the water on you, if there is enough fall and that is the natural lay of the land.
I'd negociate a payment for using your tile main (or split the cost of a new main if yours isn't big enough), many place it in the property deeds and maintenence over the years also gets split, and move on from there.
You likely already get the water, and it will end up directed at you somehow anyhow, so better to get something out of it than to get shafted while you try to shaft them.....
And I do know what I'm talking about, neighbor to the west of me had a 8 inch main for us and them; phone co ran their fiber optic cable through 900 feet of the main. That was a $12,000 retile that 4 of us shared, after my lawyer got the phone co to even talk to me.
The following year the neighbor to the east of me wanted to tile much more of his 60, and talked about putting in a new main - the old setup was a 6 inch shallow tile that dumped into my property and messed up a hay field/ wet spot of mine. While I paid more than 1/2 of the 2200 feet of 12/15 inch tile to get to his property, it didn't take too much thinking on my part to realize this was by far the best deal I'll get, splitting the cost at all, because with the current open tile onto my property, I'd be dealing with more water no matter what I say, the only difference was if I pay for all or a portion of the tile.
I get along great with everyone involved other thanm the phone co in both deals, worked out well, I think both my neighbors are happy as well. I think we all ended up fair & better all around.
If you come in with an attitude and no way, blah blah, you'll get a push back, garenteed, and it will mess with you. If you come back with options on how to get the job done, and negociate some options, you'll be far ahead for years to come? Neighbor will be whatever he will be, you can't change that, look out for yourself and forget about righting all the wrongs of your neighbors with a grandstand showdown.
Makes waving across the property lines a lot more fun, life is good. Cost me $25,000 or so in a couple of year, but I got benefits from it for the rest of my life. Big cost up front tho, just glad it could work out, was even borrowing money from the wife there for a summer with the unexpected costs. But a lot better than fueding with a neighbor and still getting all the water.
--->Paul
Edited by paul the original 9/27/2012 10:21
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