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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Water Easement Trespass In Michigan

    My question involves real estate located in the State of: Michigan,
    My husband and I bought our property in 1988, at the time of purchase, on the back side of our property (West end)there was an "existing surface Drain" as stated in a document written up by the company that installed our new septic / drain system in 1989. In the mid 90's, the property that runs along that surface drain Which is actually behind our home and property,was purchased by a new owner, in the last 2 yrs this person has filled in that drain ditch with wood chips, creating a burm, and also he has, in the last 2 weeks, filled in along the South side of our property line with wood chips, Vertually making our back yard a pool for all the water for the area, so when the snow melted, our back yard flooded, and every time we get a good hard rain our yard floods, We also now own two properties directly to the North of us, and before we bought those properties, this same neighbor had put woodchips along the west end of those, continueing to fill in the drain ditch, so now all three properties flood, and in March we had to pay a company to come in and pump out the septic system for one of the properties because there was so much water and no where for it go that the septic system was flooded. What is our recourse if any to this issue, we have already sent out a certified letter requesting him to remove the burms from around our property, but I am sure he will ignore it, Help please anyone that has any information, suggestions, we are willing to listen.
    Thanks, hardly above water in Michigan!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Water Easement Trespass In Michigan

    The drain is on your property? Why not clear it out? If he continues to fill it, sue him or file a complaint with the police for trespass.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Water Easement Trespass In Michigan

    Well, no it is on his property, but we lived in our house 7 yrs before he bought his property, and the surface drain was already in place before we even bought our property, so isn't that some kind of squaters rights to the drain? because it was placed there for our property and the next two properties when it was in the previouse owners hands. The property description does not state anything about the drain ditch unfortunetly. Any recourse here for us????????????

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Water Easement Trespass In Michigan

    I would check with the municipality you are governed by. The drain may have been installed by them and it may still control the drain. If so, they should handle the problem.

    If not, then a landowner cannot alter his land in a manner which it adversely affects anothers land. Since he is altering his land and it is affecting you, write a letter stating so. If he does nothing, contact an attorney to assist. That letter may get a better response.
    If none of this changes anything, sue the guy for the damages you have incurred. You should also sue to require the guy to restore the lot to its previous condition.

    this is not a small claims action.

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Water Easement Trespass In Michigan

    Thank you JK, you confirmed what we were told to do by the county drain commissioner. We wrote the letter and sent it to the neighbor certified mail, as of last Thursday he had not accepted it, so we are in the process of getting a lawyer lined up to take action. Thanks again and have a great day.

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