[DexterII]

Before spending any time or money fighting or remedying the situation, I would talk with one of my local planning and/or zoning officials. I am not an attorney, and I don't play one on tv (nor on the internet), but it seems to me that if there is anything tangible on which an attorney could build a case, it will be ordinances that your municipality has in place, and these are the people who you are already paying to enforce them.

 

[hyunelan2]

"Your" ditch is likely not "your" ditch, and was designed to remove water for a calculated area of the development. Bricking off the drainage ditch is probably not only a bad idea, but also illegal. They are usually designed as collectors for multiple lots in the development. Is there drainage easement granted on that side of your property? First call needs to be to the city engineers, not lawyers.

 

[taqwus]

I would check with the local codes. Where I live a homeowner is responsible for their run off if they build high or divert their runoff
Also does the ditch run through your property or start in your property
Does any of your neighbors drainage run into your property before draining into the ditch

 

[mostlysunny70]

We don't live in a development. Each property has to have their own stormwater management device or system. Unfortunately, the county allowed the neighbors' house to be built and an occupancy permit issued without the stormwater device being installed. My device is my ditch and it is not a community ditch. The county government says it has nothing to do with the neighbors crossing my property line which is trespass. I feel like I am between a rock and a hard place with no one to look out for me. I only want to make sure that the excess water does not negatively impact my house which is a rancher with a crawl space built in 1956. Waiting to see if anything bad happens makes me nervous.

 

[taqwus]

IANAL, but if you own the ditch, then I would think you can control access to it. You might be able to build a damn where the water would enter your property
You can always push the issue and find out who issued the permit and why it was issued with unresolved issues. Someone had to sign off on it.
Was this done recently

 

[mostlysunny70]

The trenches were dug probably late last fall without my knowing about it. The house has been there for about 10 years and these are the third owners who have been there for about a year now. I guess I could wait and see how the added water affects my property but I am worried about the problem being insidious and perhaps getting water underneath my house. I have spoken to them personally and they have basically said that they aren't going to change anything because they don't see me having any problems. It just makes me nervous and also a little angry that they came over my property line without even asking.

 

[taqwus]

If you block the drainage ditch were it enters your property, would it still flow into the ditch

Also if they are purposely draining into your land, that might be a criminal offense, you would have to ask a police officer to find out for sure though

As for them digging through your property, that is probably criminal damage, but again you would need to check with the police

 

[AllanJ]

Since not too much time has gone bby since the neighbors dug their own ditches, you can certain ly refill your land even if it blocks their freshly dug ditches.]

Don't use gravel, the water will go right through it.