If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?

"LSMFT" wrote in message
...
If I survey my property line and dig a ditch around my property up to that
line, am I responsible for my neighbors land sliding into my ditch?

Yes.

Fill it with water and alligators so they can't get to you.

LSMFT wrote:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?

You might need permission from the local government officials. It
doesn't take much for a draw to be called a stream.
A local farmer wanted to do some work to his farm to run an
irrigation system. I think even the Army Corps of Engineers got
involved. This draw was dry most of the time. It had running water in
the spring during the snow melt and maybe sometimes after a heavy rain.
Another problem might be if your land is called a wetland. Has a
duck landed there in the last 5000 years or so? I'd suggest doing a
little checking before you start.

In ,
LSMFT typed:
If I survey my property line and dig a ditch around my
property up to that line, am I responsible for my neighbors
land sliding into my ditch?

If you could legally do so, yes, you would be. But there are setbacks and
sort of right of way rules that would say you couldn't do that within x feet
of the other's property.

HTH,

Twayne`
-
--
Newsgroups are great places to get assistance.
But always verify important information with
other sources to be certain you have a clear
understanding of it and that it is accurate.

"Dean Hoffman" wrote in message
...
LSMFT wrote:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?

You might need permission from the local government officials. It
doesn't take much for a draw to be called a stream.
A local farmer wanted to do some work to his farm to run an irrigation
system. I think even the Army Corps of Engineers got involved. This draw
was dry most of the time. It had running water in the spring during the
snow melt and maybe sometimes after a heavy rain.
Another problem might be if your land is called a wetland. Has a duck
landed there in the last 5000 years or so? I'd suggest doing a little
checking before you start.

Good advice. My BIL bought some acreage, and had a front end loader. He
cleaned up the "bottom", clearing downed wood and trash that had
accumulated, and building a berm so that the water would run just down the
"draw", and not all over his property, which then turned to pudding.

He has a neighbor who thinks he owns the world. The neighbor called the
state. BIL got a registered letter to cease and desist until an
investigator could inspect what he had done already, stating that if he had
violated the law, he would be tortured, and his children sterilized, or
something to that effect.

The inspector came and inspected as all good inspectors do. My BIL, in his
usual way, started talking to the man before he got out of his truck, and by
the time he left, found out that they were distantly related (Everyone in
Utah is anyway) and knew some of the same people. The inspector said that
he had very much improved the flow of the channel, but that since it WAS an
existing channel, that he should have gotten a permit and permission first.
Score one for the neighbor. He added that since he had done it so well,
that he was not going to cite him, but that next time, call first. He then
went to the neighbor, thanked him for being a snitch, and that he had issued
a warning to my BIL not to do it again. He also inspected the neighbor's
lot, and issued him a warning to clear the downed wood along the creekside,
and reduce the fire hazard. If the neighbor hadn't been a dick, my BIL
would have done it for fuel, but now the neighbor had to pay to get it done.
Score one for BIL.

So, for a few days, my BIL was worried. And, he could have been fined if he
had done it incorrectly. My BIL asked about the sterilization of his
children, but the agent said that it was not a serious enough offense. THIS
time.

Moral, ask first. It could go either way, for or against you.

Steve

On Sun, 14 Mar 2010 07:02:24 -0700, "Steve B"
wrote Re Property question:

Score one for BIL.

I love it!
--
Work is the curse of the drinking class.

LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

--

Bill
In Hamptonburgh, NY
In the original Orange County. Est. 1683
To email, remove the double zeroes after @

"LSMFT" wrote

If I survey my property line and dig a ditch around my property up to that
line, am I responsible for my neighbors land sliding into my ditch?

Depends on what you mean and what the ditch is to do. Say you are just
digging a french drain to carry runoff and NOT diverting it into their yard,
this is probably not a problem (though you may need a permit). Be careful
of any utilities down there. You will be responsible for any service
disruptions if you for example take out their cable TV, phone etc.

Also, if they have a fence or wall and you dig too close and de-stabilize
it, yes you will be responsible for any and all repairs including cost to
backfill your ditch and dig it closer to your house so it doesnt interfere
with their property. Finally, if you meant if the neighbor was responsible
to remove any dirt from their yard that slides into your ditch, no, they are
not. The only dirt that should slide in is your own or you built it to
close and broke easement codes.

LSMFT wrote:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?

What do you mean "responsible?" If you mean liable for damage to his
property caused by actions on yours, the answer is yes.

Suppose the land that slides into your ditch contained your neighbor's home?

If you dig a hole for a foundation that causes his nearby building to
collapse, you are civilly liable for the damage to his property - and may be
criminally liable for any deaths caused by your action.

If you plant a tree on your property (or build a structure) such that the
tree interferes with your neighbor's solar collector or TV reception, you
will be compelled to take down the tree. Likewise, if the tree was there
first, the problem belongs entirely to your neighbor.

In other words, you cannot compel your neighbor to take defensive measures
to protect his property in response to something you do on yours. Any
diminishment of one's peaceable enjoyment of their own property brought
about by actions of another are the "responsibility" of the other to
correct.

Plus, he may shoot you.

On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?


The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT

Drive a little slower than the post speed.......
And you too can become a fracking prick.

On Mar 14, 9:46*am, "HeyBub" wrote:
LSMFT wrote:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?

What do you mean "responsible?" If you mean liable for damage to his
property caused by actions on yours, the answer is yes.

Suppose the land that slides into your ditch contained your neighbor's home?

If you dig a hole for a foundation that causes his nearby building to
collapse, you are civilly liable for the damage to his property - and may be
criminally liable for any deaths caused by your action.

If you plant a tree on your property (or build a structure) such that the
tree interferes with your neighbor's solar collector or TV reception, you
will be compelled to take down the tree. Likewise, if the tree was there
first, the problem belongs entirely to your neighbor.

In other words, you cannot compel your neighbor to take defensive measures
to protect his property in response to something you do on yours. Any
diminishment of one's peaceable enjoyment of their own property brought
about by actions of another are the "responsibility" of the other to
correct.

Plus, he may shoot you.

==
Would that be before or after half of his yard slid into the "ditch"
when the rains came?
==

"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?


The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape. Easy
to trim around with a weedeater. All you have to do is water them and
polish them occasionally. I have some old satellite dishes that are about
two feet in diameter I have put on top of mine, drilling holes and inserting
three pieces of rebar for supports. Brings in the birds for watching, or
squirrels for stew. Yummy!

Steve

On Sun, 14 Mar 2010 09:14:38 -0700, "Steve B"
wrote:


"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?


The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape. Easy

That does sound like a good idea if only cars are involved, but I'm
wonderng if the big trucks will push the boulders farther onto his
lawn and there will be another fight about that.

The OP says nothing about discussions with the land owner next door,
whether he is cooperative, whether he owns the trucks or they are
visiting trucks. In other words, how much direct control he has over
them. I also wonder if there is any indication of where the boundary
is. If the original boundary has been crushed to death and it looks
like the boundary is 2 feet further in, then it's not surprisign that
once in a while someone goes two inches beyond that, and so on. A
method need be made to mark the boundary in a way that isn't erased
when a truck or several drive over it. The bouldrers sound good for
that, but there must be other ways too.



to trim around with a weedeater. All you have to do is water them and
polish them occasionally. I have some old satellite dishes that are about
two feet in diameter I have put on top of mine, drilling holes and inserting
three pieces of rebar for supports. Brings in the birds for watching, or
squirrels for stew. Yummy!

Steve

Steve B wrote:
"Dean Hoffman" wrote in message
...
LSMFT wrote:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
You might need permission from the local government officials. It
doesn't take much for a draw to be called a stream.
A local farmer wanted to do some work to his farm to run an irrigation
system. I think even the Army Corps of Engineers got involved. This draw
was dry most of the time. It had running water in the spring during the
snow melt and maybe sometimes after a heavy rain.
Another problem might be if your land is called a wetland. Has a duck
landed there in the last 5000 years or so? I'd suggest doing a little
checking before you start.

Good advice. My BIL bought some acreage, and had a front end loader. He
cleaned up the "bottom", clearing downed wood and trash that had
accumulated, and building a berm so that the water would run just down the
"draw", and not all over his property, which then turned to pudding.

He has a neighbor who thinks he owns the world. The neighbor called the
state. BIL got a registered letter to cease and desist until an
investigator could inspect what he had done already, stating that if he had
violated the law, he would be tortured, and his children sterilized, or
something to that effect.

The inspector came and inspected as all good inspectors do. My BIL, in his
usual way, started talking to the man before he got out of his truck, and by
the time he left, found out that they were distantly related (Everyone in
Utah is anyway) and knew some of the same people. The inspector said that
he had very much improved the flow of the channel, but that since it WAS an
existing channel, that he should have gotten a permit and permission first.
Score one for the neighbor. He added that since he had done it so well,
that he was not going to cite him, but that next time, call first. He then
went to the neighbor, thanked him for being a snitch, and that he had issued
a warning to my BIL not to do it again. He also inspected the neighbor's
lot, and issued him a warning to clear the downed wood along the creekside,
and reduce the fire hazard. If the neighbor hadn't been a dick, my BIL
would have done it for fuel, but now the neighbor had to pay to get it done.
Score one for BIL.

So, for a few days, my BIL was worried. And, he could have been fined if he
had done it incorrectly. My BIL asked about the sterilization of his
children, but the agent said that it was not a serious enough offense. THIS
time.

Moral, ask first. It could go either way, for or against you.

Steve



At least he didn't suffer the fate of one building contractor who
dug a foundation for a building. It rained the next day and some
government official showed up and informed the contractor that the
flooded excavation was now a wetland and couldn't be pumped out. I
wish I had a link to the story, perhaps a search because I read it
some years ago. It's a shame this nonsense has been going on for so
long that we often forget it.

TDD

"LSMFT" wrote in message
...
If I survey my property line and dig a ditch around my property
up to that line, am I responsible for my neighbors land sliding
into my ditch?

In virtually every state I've dealt with, you owe the adjoining
owners what is called "lateral support" of their property when
making any modifications to yours. For instance, if you and a
neighbor share a hillside, with his property above yours, you do
NOT have any obligation to reinforce existing grades to support
his property, but if you dig a ditch and that causes his property
to shift, then you are in a difficult situation.

Obviously, this only addresses your specific question and doesn't
explore zoning, building codes, setbacks etc.


--
Nonny
When we talk to God, we're praying,
but when God talks to us,
we're schizophrenic.
What's the deal?

Steve B wrote:
"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape. Easy
to trim around with a weedeater. All you have to do is water them and
polish them occasionally. I have some old satellite dishes that are about
two feet in diameter I have put on top of mine, drilling holes and inserting
three pieces of rebar for supports. Brings in the birds for watching, or
squirrels for stew. Yummy!

Steve


There's a fellow with land next to a beautiful lake in Eastern Alabama
who discovered that "No Trespassing" signs don't work for fishermen's
pickup trucks. He installed a line of pickup truck sized boulders that
can't be ignored. Not sure what size you would need for dump trucks.
Perhaps some axle busting cross ties 3/4 vertically buried linked with
some big chain?

TDD

The Daring Dufas wrote:
Steve B wrote:
"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape.
Easy to trim around with a weedeater. All you have to do is water
them and polish them occasionally. I have some old satellite dishes
that are about two feet in diameter I have put on top of mine,
drilling holes and inserting three pieces of rebar for supports.
Brings in the birds for watching, or squirrels for stew. Yummy!

Steve

There's a fellow with land next to a beautiful lake in Eastern Alabama
who discovered that "No Trespassing" signs don't work for fishermen's
pickup trucks. He installed a line of pickup truck sized boulders that
can't be ignored. Not sure what size you would need for dump trucks.
Perhaps some axle busting cross ties 3/4 vertically buried linked with
some big chain?

TDD

3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules? You could always hang birdfeeders and pots of flowers from them.
If you wanna grind their noses in it, they sell those bright yellow
plastic caps to drop over the steel pipes, like around the pump islands
at the gas stations. 'Bollards', I think, is what the parking lot guys
call them.

I can't remember- do you have a good survey, and have you verified your
corner pegs? And have you read the deed closely, to make sure they don't
have an access easement across the strip in question? Around here,
shared mutual easements for the border strip are pretty common, due to
abutting narrow driveway lanes.

If you can post pictures and a dimensioned plat diagram (including that
half of neighbor's property) someplace, with a link back here, we could
maybe make some actually useful suggestions.

--
aem sends...

On Sun, 14 Mar 2010 08:44:32 -0400, LSMFT wrote:

If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?


I would think so. Plus, a ditch is not exactly a good thing, I've
seen some hazardous ones. Maybe you can bury some perforated pipe?

On Sun, 14 Mar 2010 16:02:32 -0400, aemeijers wrote:

The Daring Dufas wrote:
Steve B wrote:
"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape.
Easy to trim around with a weedeater. All you have to do is water
them and polish them occasionally. I have some old satellite dishes
that are about two feet in diameter I have put on top of mine,
drilling holes and inserting three pieces of rebar for supports.
Brings in the birds for watching, or squirrels for stew. Yummy!

Steve

There's a fellow with land next to a beautiful lake in Eastern Alabama
who discovered that "No Trespassing" signs don't work for fishermen's
pickup trucks. He installed a line of pickup truck sized boulders that
can't be ignored. Not sure what size you would need for dump trucks.
Perhaps some axle busting cross ties 3/4 vertically buried linked with
some big chain?

TDD

3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Think 6' Jax. Short of Operation Overlord, that should do it.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules? You could always hang birdfeeders and pots of flowers from them.
If you wanna grind their noses in it, they sell those bright yellow
plastic caps to drop over the steel pipes, like around the pump islands
at the gas stations. 'Bollards', I think, is what the parking lot guys
call them.

The problem is the drunk high school kid at 2:00AM. ...or more precisely, his
family's lawyer.

I can't remember- do you have a good survey, and have you verified your
corner pegs? And have you read the deed closely, to make sure they don't
have an access easement across the strip in question? Around here,
shared mutual easements for the border strip are pretty common, due to
abutting narrow driveway lanes.

We had a neighbor, when we lived in NY, that didn't believe in corner pegs.
They pulled them and threw them away. I had a complete survey done, so they
didn't charge much to have them replaced.

If you can post pictures and a dimensioned plat diagram (including that
half of neighbor's property) someplace, with a link back here, we could
maybe make some actually useful suggestions.

That would be fun, but remember the soon-to-be-rich lawyer.

Roy wrote:

In other words, you cannot compel your neighbor to take defensive
measures to protect his property in response to something you do on
yours. Any diminishment of one's peaceable enjoyment of their own
property brought about by actions of another are the
"responsibility" of the other to correct.

Plus, he may shoot you.

==
Would that be before or after half of his yard slid into the "ditch"
when the rains came?
==

That depends on several factors: how excitable he is, whether he already
owns a gun, etc.

In ,
LSMFT typed:
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my
property up to that line, am I responsible for my
neighbors land sliding into my ditch?
Others have mentioned contacting your local building
inspector before you dig, but I am just wondering, what is
the purpose of the ditch?


The purpose it so they will fall into it when they come too
close. RIght now they are taking over my property inch by
inch with big trucks that go in there and keep driving so
close as to eat up my lawn on the banking and making my
lawn smaller and smaller. I think it would be cheaper to
dig a ditch than put up a fence.

Actually, I think I'd opt for a fence since it takes so little real estate
away from the overall. With a ditch that didn't previously exist, I'd think
you'd run the risk of softening the soil on the neighbor's side, which you
might be declared responsible for.
OTOH if it pre-existed, as I think you indicated, and if the new ditch
outperformed the drainage of the old ditch, then it could only be an
improvement for the neighbor. Depending of course, on what happened at the
final point where the water is directed to. Ditches can be tridky things.
The trick will be to document that and hopefully get a record of the
inspector's comments showing it was improved just in case there is future
trouble.

I love rural living; nothing but wildlife to complain about the edges of my
meager 5 acres or nirvana.

HTH,

Twayne`
--
--
Newsgroups are great places to get assistance.
But always verify important information with
other sources to be certain you have a clear
understanding of it and that it is accurate.

LSMFT wrote the following:
On 03/14/2010 11:00 AM, willshak wrote:

LSMFT wrote the following:

If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?

Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?



The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.



Perhaps they don't know where the line is. Maybe if you install a bunch
of lath boards with the tops painted with red fluorescent paint along
your property line, they won't cross it. It might cost a little more
than digging a trench (if you have the equipment and you don't figure in
your labor).


--

Bill
In Hamptonburgh, NY
In the original Orange County. Est. 1683
To email, remove the double zeroes after @

In ,
LSMFT typed:
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my
property up to that line, am I responsible for my
neighbors land sliding into my ditch?
Others have mentioned contacting your local building
inspector before you dig, but I am just wondering, what is
the purpose of the ditch?


The purpose it so they will fall into it when they come too
close. RIght now they are taking over my property inch by
inch with big trucks that go in there and keep driving so
close as to eat up my lawn on the banking and making my
lawn smaller and smaller. I think it would be cheaper to
dig a ditch than put up a fence.

Not too sure a ditch would be cheaper; unless aesthetics were an issie all a
fence needs to be is posts, metal or wood, drive into the groung and the
metal fabric hung on them. A ditch would have to be measured to be sure of a
minimum grade the whole length so water didn't stand still in it or collect
in it or even, depending on what's at either end, run backwards during a
heavy rain. Ditches can be a little tricky.

HTH,

Twayne`
-
--
Newsgroups are great places to get assistance.
But always verify important information with
other sources to be certain you have a clear
understanding of it and that it is accurate.

On Sun, 14 Mar 2010 16:02:32 -0400, aemeijers
wrote:


3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Yes, they had something like that at the entrance to Czechoslovakia,
when I was there in 1975, but I think the pieces were longer and
mounted in concrete. Anti-tank barricades he could have.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules?

The setback rules apply to fences parallel to the street, right? He's
talking about a fence perpendicular to the street, I would think,
though he gave few details.

You could always hang birdfeeders and pots of flowers from them.
If you wanna grind their noses in it, they sell those bright yellow
plastic caps to drop over the steel pipes, like around the pump islands
at the gas stations. 'Bollards', I think, is what the parking lot guys
call them.

I can't remember- do you have a good survey, and have you verified your
corner pegs? And have you read the deed closely, to make sure they don't
have an access easement across the strip in question? Around here,
shared mutual easements for the border strip are pretty common, due to
abutting narrow driveway lanes.

If you can post pictures and a dimensioned plat diagram (including that
half of neighbor's property) someplace, with a link back here, we could
maybe make some actually useful suggestions.

--
aem sends...

zzzzzzzzzz wrote:
On Sun, 14 Mar 2010 16:02:32 -0400, aemeijers wrote:

The Daring Dufas wrote:
Steve B wrote:
"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT

Boulders work beautifully, and they can be very attractive landscape.
Easy to trim around with a weedeater. All you have to do is water
them and polish them occasionally. I have some old satellite dishes
that are about two feet in diameter I have put on top of mine,
drilling holes and inserting three pieces of rebar for supports.
Brings in the birds for watching, or squirrels for stew. Yummy!

Steve
There's a fellow with land next to a beautiful lake in Eastern Alabama
who discovered that "No Trespassing" signs don't work for fishermen's
pickup trucks. He installed a line of pickup truck sized boulders that
can't be ignored. Not sure what size you would need for dump trucks.
Perhaps some axle busting cross ties 3/4 vertically buried linked with
some big chain?

TDD
3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Think 6' Jax. Short of Operation Overlord, that should do it.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules? You could always hang birdfeeders and pots of flowers from them.
If you wanna grind their noses in it, they sell those bright yellow
plastic caps to drop over the steel pipes, like around the pump islands
at the gas stations. 'Bollards', I think, is what the parking lot guys
call them.

The problem is the drunk high school kid at 2:00AM. ...or more precisely, his
family's lawyer.


Uh, I thought they were talking about the SIDE property line, and not
the public right-of-way? Unless the kid pulls the dump truck up the
driveway at 50 mph, unlikely to be any injuries involved.

--
aem sends...

On Sun, 14 Mar 2010 18:46:49 -0400, aemeijers wrote:

wrote:
On Sun, 14 Mar 2010 16:02:32 -0400, aemeijers wrote:

The Daring Dufas wrote:
Steve B wrote:
"LSMFT" wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my
ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?

The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT

Boulders work beautifully, and they can be very attractive landscape.
Easy to trim around with a weedeater. All you have to do is water
them and polish them occasionally. I have some old satellite dishes
that are about two feet in diameter I have put on top of mine,
drilling holes and inserting three pieces of rebar for supports.
Brings in the birds for watching, or squirrels for stew. Yummy!

Steve
There's a fellow with land next to a beautiful lake in Eastern Alabama
who discovered that "No Trespassing" signs don't work for fishermen's
pickup trucks. He installed a line of pickup truck sized boulders that
can't be ignored. Not sure what size you would need for dump trucks.
Perhaps some axle busting cross ties 3/4 vertically buried linked with
some big chain?

TDD
3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Think 6' Jax. Short of Operation Overlord, that should do it.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules? You could always hang birdfeeders and pots of flowers from them.
If you wanna grind their noses in it, they sell those bright yellow
plastic caps to drop over the steel pipes, like around the pump islands
at the gas stations. 'Bollards', I think, is what the parking lot guys
call them.

The problem is the drunk high school kid at 2:00AM. ...or more precisely, his
family's lawyer.


Uh, I thought they were talking about the SIDE property line, and not
the public right-of-way? Unless the kid pulls the dump truck up the
driveway at 50 mph, unlikely to be any injuries involved.

Either way, obstacles designed to cause damage or injury *will* bring out the
ambulance chasers by the bus load.

On Sun, 14 Mar 2010 18:26:12 -0400, mm wrote:

On Sun, 14 Mar 2010 16:02:32 -0400, aemeijers
wrote:


3-foot pieces of railroad track welded together in tripod fashion work
pretty well, but can still be moved when needed.

Yes, they had something like that at the entrance to Czechoslovakia,
when I was there in 1975, but I think the pieces were longer and
mounted in concrete. Anti-tank barricades he could have.

Ask your local code guy. Do posts in the ground five feet apart, with
nothing between them, still count as a fence and fall under the setback
rules?

The setback rules apply to fences parallel to the street, right? He's
talking about a fence perpendicular to the street, I would think,
though he gave few details.

Setbacks can be side setbacks, as well. They usually apply to structures but
there is no reason they couldn't apply to fences, too.

On Sun, 14 Mar 2010 18:18:29 -0400, "Twayne" wrote:

In ,
LSMFT typed:
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my
property up to that line, am I responsible for my
neighbors land sliding into my ditch?
Others have mentioned contacting your local building
inspector before you dig, but I am just wondering, what is
the purpose of the ditch?


The purpose it so they will fall into it when they come too
close. RIght now they are taking over my property inch by
inch with big trucks that go in there and keep driving so
close as to eat up my lawn on the banking and making my
lawn smaller and smaller. I think it would be cheaper to
dig a ditch than put up a fence.

Not too sure a ditch would be cheaper; unless aesthetics were an issie all a
fence needs to be is posts, metal or wood, drive into the groung and the
metal fabric hung on them. A ditch would have to be measured to be sure of a
minimum grade the whole length so water didn't stand still in it or collect
in it or even, depending on what's at either end, run backwards during a
heavy rain. Ditches can be a little tricky.

An expensive fence so they get to replace it every time they so much as
scratch it.

mm wrote:
On Sun, 14 Mar 2010 09:14:38 -0700, "Steve B"
wrote:


wrote in message
...
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my property up to
that line, am I responsible for my neighbors land sliding into my ditch?
Others have mentioned contacting your local building inspector before
you dig, but I am just wondering, what is the purpose of the ditch?


The purpose it so they will fall into it when they come too close. RIght
now they are taking over my property inch by inch with big trucks that
go in there and keep driving so close as to eat up my lawn on the
banking and making my lawn smaller and smaller. I think it would be
cheaper to dig a ditch than put up a fence.

--
LSFT


Boulders work beautifully, and they can be very attractive landscape. Easy

That does sound like a good idea if only cars are involved, but I'm
wonderng if the big trucks will push the boulders farther onto his
lawn and there will be another fight about that.

The OP says nothing about discussions with the land owner next door,
whether he is cooperative, whether he owns the trucks or they are
visiting trucks. In other words, how much direct control he has over
them. I also wonder if there is any indication of where the boundary
is. If the original boundary has been crushed to death and it looks
like the boundary is 2 feet further in, then it's not surprisign that
once in a while someone goes two inches beyond that, and so on. A
method need be made to mark the boundary in a way that isn't erased
when a truck or several drive over it. The bouldrers sound good for
that, but there must be other ways too.



to trim around with a weedeater. All you have to do is water them and
polish them occasionally. I have some old satellite dishes that are about
two feet in diameter I have put on top of mine, drilling holes and inserting
three pieces of rebar for supports. Brings in the birds for watching, or
squirrels for stew. Yummy!

Steve


Yup,
couple of 1000 lbs armour rock would do. To move them you ned a big
Bobcat. No one would want mosquito pond around the yard.

wrote:
On Sun, 14 Mar 2010 13:46:12 -0500, The Daring Dufas
wrote:

At least he didn't suffer the fate of one building contractor who
dug a foundation for a building. It rained the next day and some
government official showed up and informed the contractor that the
flooded excavation was now a wetland and couldn't be pumped out. I
wish I had a link to the story,

Me too because the Reahard case in Lee County Florida established that
if a property was not a wetland when you bought it, if it is declared
a wetland later it is a "taking" and you deserve just compensation.
$22 million in that case (40 acres)

It was years ago and a couple or three administrations back. I
recall another story about some guy in California who planned
to drain and develop some land he bought. Some Fed shows up and
informs him that his property is the habitat of some snail and
he is prohibited from destroying the habitat. And I do remember
watching some TV show some years ago where a group of Negro men
wanted all black males declared an endangered species by The
Interior Department and have their own habitat and laws against
molesting them. Darn, who wouldn't be jealous of animals that
seem to have more rights and protections provided by The Federal
Government than human beings have. Imagine not being able to
clear out a group of homeless men under a bridge because The
Federal Government has declared it to be their habitat. GEEEZ!

TDD

On Sun, 14 Mar 2010 18:13:40 -0400, "Twayne"
wrote:

In ,
LSMFT typed:
On 03/14/2010 11:00 AM, willshak wrote:
LSMFT wrote the following:
If I survey my property line and dig a ditch around my
property up to that line, am I responsible for my
neighbors land sliding into my ditch?
Others have mentioned contacting your local building
inspector before you dig, but I am just wondering, what is
the purpose of the ditch?


The purpose it so they will fall into it when they come too
close. RIght now they are taking over my property inch by
inch with big trucks that go in there and keep driving so
close as to eat up my lawn on the banking and making my
lawn smaller and smaller. I think it would be cheaper to
dig a ditch than put up a fence.

Actually, I think I'd opt for a fence since it takes so little real estate
away from the overall. With a ditch that didn't previously exist, I'd think
you'd run the risk of softening the soil on the neighbor's side, which you
might be declared responsible for.
OTOH if it pre-existed, as I think you indicated, and if the new ditch
outperformed the drainage of the old ditch, then it could only be an
improvement for the neighbor. Depending of course, on what happened at the
final point where the water is directed to. Ditches can be tridky things.
The trick will be to document that and hopefully get a record of the
inspector's comments showing it was improved just in case there is future
trouble.

I love rural living; nothing but wildlife to complain about the edges of my
meager 5 acres or nirvana.

HTH,

Not your last line. This poor guy has big truck chomping at his yard
and you're touting your 5 rural acres.

You have to write for your audience (although people already in the
country or considering moving really qualify here.)

Twayne`
--

wrote:

The Reahard case is from the late 80s and pretty much covers any
change in the zoning or environmental status of a property that will
affect your ability to develop it. If you bought a property without a
restriction and the government applies a restriction later it is a
taking. They have to pay.
It went all the way up to the 11th US District court that ruled for
the landowner. It was appealed to the SCOTUS who let the district
court ruling stand.


I thought of Klamath Falls which isn't quite the same scenario.
Farmers were denied irrigation water they normally got because the water
had to be saved for some sort of varmint. I don't know the outcome of
that one.

In ,
mm typed:
On Sun, 14 Mar 2010 18:13:40 -0400, "Twayne"
wrote:

In ,
LSMFT typed:

....


Actually, I think I'd opt for a fence since it takes so
little real estate away from the overall. With a ditch
that didn't previously exist, I'd think you'd run the risk
of softening the soil on the neighbor's side, which you
might be declared responsible for. OTOH if it
pre-existed, as I think you indicated, and if the new
ditch outperformed the drainage of the old ditch, then it
could only be an improvement for the neighbor. Depending
of course, on what happened at the final point where the
water is directed to. Ditches can be tridky things. The
trick will be to document that and hopefully get a record
of the inspector's comments showing it was improved just
in case there is future trouble.

I love rural living; nothing but wildlife to complain
about the edges of my meager 5 acres or nirvana.

HTH,

Not your last line. This poor guy has big truck chomping
at his yard and you're touting your 5 rural acres.

No idea what "Not your last line" could mean.


You have to write for your audience (although people
already in the country or considering moving really qualify
here.)

I did, if you look at it, and I added a sort of side-bar at the end. You're
talking to one who owned their homes in SanDiego for 8 years and Chicago's
Northwest side for 15 years before retiring here in God's country, so I'm
pretty well versed in the concept of neighbors et al. Although we always
had good neighbors whether we rented or owned, the OP has some valid
concerns and hopefully will get something worked out.
I didn't open the can of worms, but I can only really see the described
situation happening on a home on a corner lot of two usable roads meeting at
an intersection, T or possibly just a sharp curve, so possibly something is
missing from the detail.
But since this sounds, to me at least, like a yard that borders another,
the other of which has been turned into a byway for trucks owned by
whomever, like it goes into code requirements. Thinking more about that, and
assuming both are private property or a private/commercially zoned property,
why would a residential zone butt to a commercial zone? Where's the
buffer/berm/whatever that is supposed to separate them? With the given
information so far it doesn't line up well for only one specific situation,
creating one specific answer.
I didn't bring any of that up because I don't know the answers to them or
whether any locality would allow such zones to butt each other without
having rights-of-way declared or other separation requirments. Or is this
some kind of "Appalachian" area where no zones exist? I doubt it because
very few such areas exist anywhere in the US any longer, the country in
question being another detail not mentioned. Canada, Mexico and the US all
work it out differently.
I think the best advice for the OP would be to look into local zoning and
enforcment offices for, if nothing else, at least a referral to the proper
office and at best the availability of a statement of the requirements.
Should the OP not be a thinking person, he could end up in legal woes by
taking the wrong advice here.

HTH,

Twayne`
--
Newsgroups are great places to get assistance.
But always verify important information with
other sources to be certain you have a clear
understanding of it and that it is accurate.