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Property Line Erosion Caused by Neighbor

8,946 Views | 88 Replies | Last: 1 mo ago by Strongwind86
EliteElectric
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MouthBQ98 said:

They could at least put down shrouds on them so the light covers the ground but doesn't radiate out horizontally. I hate that crap.
If that was built after 2010 they have to be full cutoff dark sky compliant.

Something like this-

ghollow
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I would talk with your county commissioner before hiring an attorney and see what they have to offer. It could very well turn out that you will need a lawyer but give your precinct commissioner a chance first.
So the greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced. It removes force from the equation... and that's why carrying a gun is a civilized act.
Player To Be Named Later
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It was built this year
BurnetAggie99
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I have a fellow Aggie and fellow Engineer buddy that is the senior director of Engineering at CoServ. I can send you his contact info so you can make CoServ aware.
tamc93
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With the culvert (point discharge), fairly certain that you have been adversely impacted.

Contact the county ASAP and be prepared for legal battles. If possible, engage a local engineer ASAP to start documenting and researching.

Extreme case will be to look at the "plans" and see if someone actually designed that condition (hopefully it was just a crappy neighbor who did what they wanted). I would go after their license for their negligence.
Player To Be Named Later
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Sent you a PM
agracer
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Player To Be Named Later said:

Entire thing just sucks. Moved out into the county to be in the "country" a bit and have darkness at night and mostly quiet during the day.

Now we have this at night and all the associated traffic during the day. And now this problem.



Check your local codes but there are generally rules about how much lightning they can have in there property and how bright it is.
2wealfth Man
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TarponChaser said:

Take as many photos from as many angles as you can. And retain an attorney ASAP. You may not have to go that route if the other property owner will fix things properly but you need that option just in case. And I don't know what county or jurisdiction you're in but there's not a chance that what they did meets the development code or drainage requirements.
i just don't know if they can be trusted to fix it properly given what has occurred to date.
Player To Be Named Later
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tamc93 said:

With the culvert (point discharge), fairly certain that you have been adversely impacted.

Contact the county ASAP and be prepared for legal battles. If possible, engage a local engineer ASAP to start documenting and researching.

Extreme case will be to look at the "plans" and see if someone actually designed that condition (hopefully it was just a crappy neighbor who did what they wanted). I would go after their license for their negligence.
The other neighbor talked to him today and he's "sending his guys to make a temporary fix on it and then bringing in a crew to make a permanent fix"

I'm curious as to what his "permanent fix" idea is. Hopefully something satisfactory and up to code, because at this point, that's all I will settle for. This dude has absolutely ruined any semblance of country life that we had.

But I did fire off a message to my County Precinct Commissioner's court to see what they have to say.

I guess it wouldn't hurt to still at least speak to a real estate attorney to get their opinion of what remedy's we would have and what he is legally required to do. That way if he does anything less than that, we can push harder.
OnlyForNow
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Call the power company and tell them your worried the base of the pole is exposed etc.

They'll probably get out there lickity-split and also have more lawyers than you can hire.


You should be able to be made whole on this issue.
agracer
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Player To Be Named Later said:

So they designed a flowing ditch right along our property line with zero way to prevent the ground from eroding. The natural flow of water is 1) from my property to his and 2) from the top of his property down along the property line to the bottom.

So we now have a direct vertical drop along our property line that erodes from 2 directions. When we moved in, it was a gentle slope from our property to his and erosion was never an issue. This has caused erosion at a pretty rapid pace.

Seems to me the proper course of building, like someone mentioned above, would have been to keep the same slope as was there or put up a retaining wall.

I guess now I have to try talking to him to see if he'll meet me out there and talk to the "property manager".

I'd bet there was never an engineer involved


Where do you live? How I are there not buried storm lines all over his parking lot and "road"????
Jason_InfinityRoofer
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MouthBQ98 said:

They could at least put down shrouds on them so the light covers the ground but doesn't radiate out horizontally. I hate that crap.
Still don't understand the mindset that more lights = more security. I don't know if anyone has ever seen a crime in progress, but dark properties with flashlights blipping around are a lot easier to see than full lit lots with hiding places to do your work.

Hell, that would be a great place to break into. Toss on a hard hat and an orange vest with a white truck in a full lit lot....no one is calling anyone about anything. LOL.

As for compiance, in the city of san antonio, there are new gas stations that have gone up that have blinding LED lights pointed in all directions. You can literally see the glow of it in the sky from 6 miles away. Not kidding. I doon't know what regulations people are citing about dark sky compliance but it isnt a thing in SA it doesn't look like.
OnlyForNow
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More lights = more people being able to see someone getting mugged/robbed or you being able to see someone lurking in the shadows.

Same reason A&M's campus is lit up like Christmas at night (everywhere). I led a push to reduce that for cost/energy savings and was shouted down from the highest of places in the administration, with "safety" being the reason.
EliteElectric
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Jason_InfinityRoofer said:

MouthBQ98 said:

They could at least put down shrouds on them so the light covers the ground but doesn't radiate out horizontally. I hate that crap.
Still don't understand the mindset that more lights = more security. I don't know if anyone has ever seen a crime in progress, but dark properties with flashlights blipping around are a lot easier to see than full lit lots with hiding places to do your work.

Hell, that would be a great place to break into. Toss on a hard hat and an orange vest with a white truck in a full lit lot....no one is calling anyone about anything. LOL.

As for compiance, in the city of san antonio, there are new gas stations that have gone up that have blinding LED lights pointed in all directions. You can literally see the glow of it in the sky from 6 miles away. Not kidding. I doon't know what regulations people are citing about dark sky compliance but it isnt a thing in SA it doesn't look like.
Being code and that code being enforced are 2 different things. A lot of time drawings are sent through plan review with proper complaint items only to be circumvented by an owner or contractor who wants to save a buck.

***ETA***

code enforcement doesn't always follow through to make sure the plans that were submitted are adhered to.
Jason_InfinityRoofer
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I get the narrative about why they do it, but then again, I hear about stories where things like that happen and yet no one saw a thing. LOL. LED lights, 456,000 cameras, and yet...nothing.
TarponChaser
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2wealfth Man said:

TarponChaser said:

Take as many photos from as many angles as you can. And retain an attorney ASAP. You may not have to go that route if the other property owner will fix things properly but you need that option just in case. And I don't know what county or jurisdiction you're in but there's not a chance that what they did meets the development code or drainage requirements.
i just don't know if they can be trusted to fix it properly given what has occurred to date.

That's why I said to retain an attorney and get with the county. They're the one who will hold the property owner and his team to do things right.

That being said, there's a very real chance that there's almost zero county enforcement if he's in a rural area outside of an ETJ or incorporated area. Planning can be almost a rubber stamp and the guy may have relationships with the county which allowed him to half-ass the design and construction here so going to an attorney first is the best bet.
OnlyForNow
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Absolutely true. I'm a less is more kinda person anyways... but *sigh*
ENG
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my guess for the permanent fix will be deeper fence post foundations.
Player To Be Named Later
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ENG said:

my guess for the permanent fix will be deeper fence post foundations.

That fixes the fence, for awhile, but doesn't solve the ground erosion problem. Which as long as the ground would continue to erode away down his "drainage ditch" wouldn't matter one bit how deep he dug them.
Jason_InfinityRoofer
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I can definitely see that. It makes sense. I find the government and permitting process/planning to be the biggest scam of all when it comes to what I do. I can wait for WEEKS to have a permit approved in the city, and once I finish a roof, the approval process is nothing more than some guy at a desk checking the box as 'done'. No one looks at anything. Sometimes an 'inspector' will drive by the house and see I put a roof on it and then it's approved. In BCS, they will actually look at things, which is nice.
OnlyForNow
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Armoring the ditch or encompassing the ditch in a culvert is the best way to deal with this. But if culvert the whole thing will have to be over-excavated, re-bedded, placed, then back filled.

Certainly not a cheap fix.

What will probably end up happening is riprap placement on the sides of the ditch.
TarponChaser
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Player To Be Named Later said:

ENG said:

my guess for the permanent fix will be deeper fence post foundations.

That fixes the fence, for awhile, but doesn't solve the ground erosion problem. Which as long as the ground would continue to erode away down his "drainage ditch" wouldn't matter one bit how deep he dug them.

You're going to need a retaining wall on your side of the ditch. New fence. And a properly graded ditch with erosion protection.

And all of it needs to be on the other guy's dime. Which won't be a cheap fix. Depending on the length of the run you could easily get to $100K.
Furlock Bones
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Jason_InfinityRoofer said:

MouthBQ98 said:

They could at least put down shrouds on them so the light covers the ground but doesn't radiate out horizontally. I hate that crap.
Still don't understand the mindset that more lights = more security. I don't know if anyone has ever seen a crime in progress, but dark properties with flashlights blipping around are a lot easier to see than full lit lots with hiding places to do your work.

Hell, that would be a great place to break into. Toss on a hard hat and an orange vest with a white truck in a full lit lot....no one is calling anyone about anything. LOL.

As for compiance, in the city of san antonio, there are new gas stations that have gone up that have blinding LED lights pointed in all directions. You can literally see the glow of it in the sky from 6 miles away. Not kidding. I doon't know what regulations people are citing about dark sky compliance but it isnt a thing in SA it doesn't look like.
It's all litigation related, and its completely absurd. Lawyers have successfully (usually settlements) sued businesses over injuries and crime and used lack of proper illumination which could deter crime. So, we are just lighting up the entire country to CYA.
Player To Be Named Later
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TarponChaser said:

Player To Be Named Later said:

ENG said:

my guess for the permanent fix will be deeper fence post foundations.

That fixes the fence, for awhile, but doesn't solve the ground erosion problem. Which as long as the ground would continue to erode away down his "drainage ditch" wouldn't matter one bit how deep he dug them.

You're going to need a retaining wall on your side of the ditch. New fence. And a properly graded ditch with erosion protection.

And all of it needs to be on the other guy's dime. Which won't be a cheap fix. Depending on the length of the run you could easily get to $100K.
Well he has enough money to keep adding new buildings constantly, so I'm not really concerned about his pocketbook. He just dug out a huge new section of land to eventually build a whole new set of buildings. He did the same thing on the property line backing up to the ranch land that borders him on the east. Dug out his property about 4' lower and directly along the barbed wire fence on the ranch. I guess at least that isn't likely to blow over due to wind. Now when a cow starts to go rubbing on the post......
Jason_InfinityRoofer
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I am guessing this guy is doing all of this freelance? When I put our buildings up, we had to pay a f--- ton of money to an engineer to calculate and shoot elevations, come up with drainage plans, design parking, channel water correctly, etc.

I'm pretty sure that if that were my location, I would have been required to make that 'ditch' concrete with some manner of short retaining wall to keep that from happening.

Did this fella not use one of those pesky engineers?
Jabin
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Quote:

But I did fire off a message to my County Precinct Commissioner's court to see what they have to say.
Go by in person and be sure to see the county commissioners, even if you have to make an appointment. Be sure to emphasize that you've arrived in person to show how important this is to you. County officials will have a harder time ignoring or delaying if you've shown up in person as opposed to simply receiving an email or other electronic message from you. Plus, it helps if they can put a face to a name.

When you meet with them, be sure to let them know that you're not the only one affected, but lots of other VOTERS are also.
Player To Be Named Later
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Jason_InfinityRoofer said:

I am guessing this guy is doing all of this freelance? When I put our buildings up, we had to pay a f--- ton of money to an engineer to calculate and shoot elevations, come up with drainage plans, design parking, channel water correctly, etc.

I'm pretty sure that if that were my location, I would have been required to make that 'ditch' concrete with some manner of short retaining wall to keep that from happening.

Did this fella not use one of those pesky engineers?
Man, it sure doesn't look like he used any kind of engineer does it? I can't imagine any engineer signing off on this half ass "ditch" along a property line.
goatchze
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Right of Lateral Support is the phrase you are looking for I believe.

As Jason says above, if he wanted to build that ditch, he needed to do something to continue to provide lateral support to your side, such as a retaining wall.

I'm not a lawyer.
MouthBQ98
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Would be better to install a properly sized drain and culvert system all the way along that fence line.
ItsA&InotA&M
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Would CoServ have an easement preventing this ditch so close to their line?
tamc93
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When you talk to your commissioner/county you might ask them why they were allowed to build all the improvements without a detention pond.

Fairly certain the developer violated several general laws and probably local government code.
Player To Be Named Later
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tamc93 said:

When you talk to your commissioner/county you might ask them why they were allowed to build all the improvements without a detention pond.

Fairly certain the developer violated several general laws and probably local government code.
Oh he has a detention pond. ALL of this water that he has diverted to this "ditch" along our property lines is flowing into his detention pond. So any of our dirt (which right now is DEFINITELY a 4 letter word) that is eroding away is sitting at the bottom of his detention pond.
JP76
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Jason_InfinityRoofer said:

I can definitely see that. It makes sense. I find the government and permitting process/planning to be the biggest scam of all when it comes to what I do. I can wait for WEEKS to have a permit approved in the city, and once I finish a roof, the approval process is nothing more than some guy at a desk checking the box as 'done'. No one looks at anything. Sometimes an 'inspector' will drive by the house and see I put a roof on it and then it's approved. In BCS, they will actually look at things, which is nice.



You have actually had someone show up to inspect the roof in BCS ?

I have pulled permits for reroofs numerous times and no one has came to inspect before, during or after.

Heck I have seen numerous freon, water, gas and electrical that were touching decking on other reroofs that were punctured by other crews in BCS that had an inspector came by would have been flagged.

Player To Be Named Later
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ItsA&InotA&M said:

Would CoServ have an easement preventing this ditch so close to their line?


Didn't even consider this. How could CoServ possibly be ok with running any kind of ditch, much less any kind of ditch with ZERO erosion controls right down the power lines? Does CoServ give up any sort of right of way if they are poles you paid to have run in your property? Either way, I'm not super wild about power line poles getting eroded to potentially fall onto my property.


SCHTICK00
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I don't understand not starting with the owner/contractor/developer first. It may not be as adversarial as everyone is making it out to be. It's quite obvious the ditch needs to be armored and fence repaired, so be reasonable and give them a chance to be reasonable
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