Originally Posted By: CypressTx
Thanks all for the comments. Early on I spoke with him and offered to purchase the materials and help build a suitable structure to contain the manure and to prevent water ingress/outgress (according to manure BMPs) and all he said was "I don't see that there is a problem" and walked off. I have contacted the state and county and they came out but concluded that they don't have any jurisdiction on private lands/waters and all it did was tick him off more when he heard about the complaint. I've spoken to a law firm (specializing in environmental) who tells me that there are civil violations that are a basis for suit, but man---we are talking a lot of money. And if I don't do anything the lawyers tell me that I have basically granted them the right to continue unchallenged in the future. Bluegill, I did have the lawyers send him a letter in which the e coli issue was specifically mentioned and the response from his lawyers was "the state and county were out and didn't see any violations so tough". I'm at my wit's end; we called our pond the crown jewel of our property and had many good times there but now we can't stand to look at it. Dave, the thought of building a berm has passed through my mind but the lawyers tell me that blocking drainage and causing back up on their property would be the basis of a suit against us. They also tell me that if I run a bypass and send it downstream to our next neighbor's pond they could sue us for contaminating their pond. I feel as though I am trapped in a nightmare.
Michael


If you were in Missouri, your neighbor is trespassing by piling the manure in an "unnatual" way....blocking water that backed up onto his property would be tresspass on your part....you could divert the runoff without backing it onto his side, but I imagine your crown jewel would dry up. Allowing the neighbor's continued tresspass without giving him permission to do so for whatever length of time is required in Tx, could conceivably be some form of adverse possession..(legal theft of property)...giving him written permission to let his pile of crap drain onto your property is the way to prevent adverse possession.

As for bringing in lawyers...the horse crap I wrote above was the result of my 5 year, $75,000 legal "education" that now has me owning 60 acres I cannot legally set foot on...