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Shared property line within storm drain

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  • Shared property line within storm drain

    My neighber and I share a property line down the center of a storm drain he recently opened a home care facility and wanted to use the storm drain as an easment for entry to the side area of his property for an employee parking lot. I told him no because the area floods and was not designed for a large number of vehicles to use daily and I did not want my side to become a public easment. So he bacame angry and has told me he is going to install a fence down the center of the wash. What are my rights I feel this fence will interfere with the flow of water and besides I have been using this wash for convenient access to the rear of my property for care and maintenance for years.

  • #2
    Re: Shared property line within storm drain

    If you both need and rely on the common storm drain, a court may very well give an order preventing him from changing it unless he provides adequate methods to address the drainage etc. He would very likely lose in court.

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    • #3
      Re: Shared property line within storm drain

      Thank you for the reply could you help me and explain how I would go about getting a "court order" should I wait until he starts building this fence?

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