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southern MN | Again, the problem is some difficult terms - I still don't know which waty the water is running, away from or towards your field. :) Without a clear explination, some folks are left to idle thoughts on the matter. Your first message is worded to indicate the neighbor is draining excess water away from your farm, which would something very, very few would complain about. :)
As to tile agreements, they can be 40-50 years old - coulda been in place before your family owned the land - we don't know. Ditch runs through my farm, neighbor to each side has a tile main going through my farm and theirs, the tile benifits both of us, we both paid for it, and both are real interested in keeping it funtioning. Both add more tile from time to time.
It _sure_ would be right for the neighbor to talk to you about it first. We aren't sticking up for him trasspassing on your property. And if he is indeed just draining water onto you, thaqt is totally wrong.
But from your poor description of which way the water is flowing, drain, outlet, vertival pipe??? That all doesn't add up to something easy to understand. We really don't know what is going on. So you are getting all possible situations.
Some are good. You and the new buyer would be getting a free benifit.
Some are nutral - there was an old agreement on tile sharing, and neighbor shoulda mentuioned it but isn't doing anything wrong.
Some are bad. Laws tend to be vague on trying to fix such a situation after the fact, and neighbor probably knows that if they put one over on you.
But from your early descriptions, we don't know which of the 3 happened to you yet for sure? It seems the water is runnig towards your land from the descriptions you have added. It is rare/odd to put in a vertical pipe as an outlet of water, so would be good to understand what the point of it is. A possibility is he ghooked up to other tile there, and put in an intake - sometimes that is good to have access to air for the tile to draw better. But - not good to do such a thing on someone else's property.
A possibility is you will need to run tile from this point to the nearest drainage ditch, and have to sue the neighbor for all costs of such.
Another possibility is to involve the NRCS if the neighbor didn't have a permit to do tiling. They likey will frown on this deal, but they care about rabbits and snakes, won't care about you or your neighbor so while they will be all frowny, they won't carry the torch for you....
--->Paul
Edited by paul the original 4/25/2012 10:52
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field tiling laws?
