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Joined: Apr 2009
Posts: 6
Fingerling
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OP
Fingerling
Joined: Apr 2009
Posts: 6 |
I need help / Ideas. I have a 1/2 acre "water table" fully stocked HBG, LMB, CC pond that was in great shape right out the back of my home. My problem all started when my neighbor built a pond approximately 1000 ft from mine at a lower elevation. He hired a big excavation company which ran a huge 6" trash pump 24 hours a day for a month. My pond lowered to approximately 2' deep. I installed air, ran water hose, etc and lost quite a few fish but not all (maybe 25%). Well when his pond was done and filling mine was raising 1' or more a day and then his overflowed. He installed a 10" tile to creek from his and mine is now 5' lower than it used to be. What are my options? it looks horrible and I have "lost" all the dirt I can on my property. Should I dig deeper and slope banks down to it and try to find someone clow to take dirt. drain and install liner? remove neighbors drain in middle of night? Thanks for all Idea's. Does anyone know a good pond guy around Lafayette, IN
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Joined: May 2009
Posts: 5,722 Likes: 282
Lunker
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Lunker
Joined: May 2009
Posts: 5,722 Likes: 282 |
Document what has happened and visit your neighbor. Perhaps he would rather raise his dam and the outlet pipe 5 feet compared with fighting a lawsuit. I do not know what the law says about this, but you have definately sustained property damage due to your neighbor's activities, even if he did not mean to do it. You may also need to sue the pond builder if you are forced to go that way. I have never sued anyone, but I would not sit still for this. First, I would talk with your neighbor. Be nice, and don't make any promises or threats. Simply outline your predicament and the options that you see to recover your property damage. Don't let it get personal. I have only been involved in one lawsuit, where a contractor did not fulfill his duties and then sued me when I did not pay him. I did not have a lawer, but my case was stong and I had documentation. Between the contractor and his lawer, they made monkeys of themselves, and the judge ruled in my favor. Good Luck!
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Joined: May 2009
Posts: 5,722 Likes: 282
Lunker
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Lunker
Joined: May 2009
Posts: 5,722 Likes: 282 |
P.S. You may want to ask your neighbor how he would feel if a new pond went in near his new pond and drained it.
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Joined: Jan 2009
Posts: 28,534 Likes: 842
Moderator Ambassador Field Correspondent Lunker
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Moderator Ambassador Field Correspondent Lunker
Joined: Jan 2009
Posts: 28,534 Likes: 842 |
RAH pretty much summed up what I was going to say. Let us know how things progress.
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Joined: Jan 2003
Posts: 350
Lunker
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Lunker
Joined: Jan 2003
Posts: 350 |
My heart would break. What a total bummer. I have no advice then what the other guys wrote. Man , I hope things turn for the better.
i only wanted to have some fun
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Joined: Apr 2009
Posts: 6
Fingerling
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OP
Fingerling
Joined: Apr 2009
Posts: 6 |
Thanks all for the advise. Im pretty sure my neighbor idoesn't really care. I rented 900' of 6" discharge hose to run from his trash pump to my pond as they were digging his pond and he though rental price was to high and woundn't pay even with me picking it up, installing it, removing it and taking it back. I have documented everything (levels with dates, # of fish kills, etc.) and even had a lawyer come out and look at it. I just hate to pull the trigger and have my dog shot, cops called for a party im having, etc. I dug out edges as deep and far I could reach as last year and am tapering banks and getting rid of dirt from last spring this weekend. It will still need more work. I going to have probley 3 times the amount of $$ then what I did to dig the pond new since I now don't have any place to loos the dirt. Anyone know of a good pond guy around Lafayette, IN
Thanks again
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Joined: Jan 2010
Posts: 349
Ambassador Field Correspondent Lunker
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Ambassador Field Correspondent Lunker
Joined: Jan 2010
Posts: 349 |
broox, I understand you dont want to have an unhappy neighbor. But, news flash... you already have a hostile, unhappy, egotistical, butthead for a neighbor already(from what you say anyway). No good neighbor (or human for that matter) would treat another neighbor that way without expecting a backlash. Why let him push you around for the rest of your life? That stuff makes people leave nice property just because of bad neighbors. I say its time he found out what fair play is all about, legal style. We are in america where he can legally be a butthead and you can legally sue him for stomping on your rights.
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