My question involves an easement in the state of:My question involves an easement in the state of: Nebraska
Can I claim prescriptive easement if my neighbor wants to stop irrigation water from my land flowing on to his land? There is, of course, more to the story.
I own a piece of farmland property that came down through the family. It is gravity irrigated and has been so for 50 plus years, and for 50 plus years water has flowed on the neighboring field via a natural drainage waterway. Now, the neighboring field was owned by the family for most of those years. Then about six years ago, the farm was divided among the relatives and a relative got sole possession of the neighboring field. It was farmed by the same renter as my field, and water continued to flow via the natural waterway and it went to three reuse pits. Some it flowed through property and eventually via a natural water way back on to property owned by the family and into another reuse pit.
The relative sold the neighboring field this past year and the new owner took out the three reuse pits, covered over the natural waterway, and installed a center pivot irrigation well. Now he is complaining that irrigation water is flowing on to his property and it may cause his center pivot well to get stuck.
My options are: 1) build a reuse pit on my property at a cost of $10,000 or more; 2) see if I can arrange a different drainage via road ditch and I have no idea of the cost to move the dirt to do this; or 3) claim I have a prescriptive easement and be prepared to go to court over it. One of the options my neighbor has is to re-establish the natural drainage waterway and build irrigation bridges (common practice) so his center pivot will make its rounds. A real ball park estimate to do that is $10,000.
I know from the past (having been around the land more than 40 years), that a big rain will probably re-establish the natural drainage waterway...and probably will flood both the neighbors land and perhaps my land because of what he has done.
Any advice appreciated...and some of it might be actually followed! Thanks in advance.