Do you have a survey of the land that you could post--just the area where the culvert is located with a little of the surrounding area would do. Its hard to judge otherwise.

Can you put a new culvert in a different place on your property and have that be where you enter/exit your land (ie, move over a smidge?

I do not have a computer to do that as I am using an older iPad. I do have the survey and it shows the culvert and my property line running thru the edge (so basically we both share it). But thank you for taking time to help me!

I just got an email from the engineers and told me that I could move over. I don't know how that can be done....what, do we leave the part of the culvert that we share just sitting there by itself? I just feel terrible about this as the culvert would be done in such a pretty way and it would maybe encroach her land by 3 inches.

I think you could give her the option of either letting you fix what's there, or living with an abandoned culvert on her property after you've moved the rest.

But I'd be sure of what my options were and what I wanted to do before I spoke to her again. And I'd have something for her to sign that formally gives you permission to redo the culvert on her land, so she's locked in if she gives you permission again.

Is it even possible for her to sell you a tiny strip of her land? It wouldn't be here without a lot of paperwork and expense, because parcels are defined with the county and you can't sell off only a piece of a parcel.

Thank you for helping me. I never thought of these things. I will not ask her again as she thinks that I have no other choice but I plan to talk to the engineers tomorrow and I will leave the culvert abandoned I presume. I was just shocked when she called me.

Maybe you can offer to do a lot line adjustment. You would have to afford the survey/legal transfer for it... No cost to her and no money to her either.

Or pay her for an easement if you think it's worth it. You might want to get all your options together and let her know you can circumvent using her land if she insists on payment, or she can allow you to use the three inches for free which seems to be to the benefit of both of you - especially for her given that you are paying for the culvert work, bringing it up to code and it will look better than it does now. Any work on her land though should be agreed to in writing and written up by a real estate attorney before work begins. I understand your frustration but you need to step back and look at the bigger picture - as does she. If she learns she doesn't have the upper hand she thinks she does her position may change.

Thank you all for helping me and with suggestions. I am having a real estate lawyer looking into it as we both own part of the culvert. I am waiting to hear back from them.

I am curious to how this is resolved. Please update when a decision is reached and good luck!

I would have repaired MY side of the culvert and simply left her side in its present state (maybe just rip-rap on your side).

Let her deal with her erosion problem on HER side of the culvert

Check with a good local RE attorney though about possible liability.

When someone offers to do something for YOUR benefit without asking for compensation (as in cost sharing) best to just take it.

You will likely have at least a fair say on what occurs.

This post was edited by brickeyee on Wed, Apr 3, 13 at 11:04

The engineer says we can move over over 10 inches and this will leave just a piece of "her" part of the culvert just hanging there by iteself. I am still waiting to hear back from the attorney and I will most definitely will let you know what happens. You are have been most kind to help me!!

So....just spoke with an attorney and he said there was NOTHING I can do about it legally and to offer her money! I need to go now and cry......

The attorney said you can't move the culvert over per your engineer's suggestion?

I'm sorry this is happening. Whatever you do, don't tell her what your attorney said. Sounds like she may already know (hence her change in tune), but just in case, don't risk giving her any extra leverage. I don't blame you for feeling like you're being blackmailed.

Just wanted to offer some sympathy! What an awful way to start a neighborly relationship. Shame on her. I hope it works out for you, colleen.

Awwww...you all are so kind to me! Thank you for making me feel better!
I know....right??? Some new neighbor...geesh!!

Ok....I can move the culvert per the engineers plans..BUT....if something happens where her land gets damaged/water etc, then the attorney said I could be held liable. I don't want that hanging over my head, you know?

How likely is it that something bad happens to her land with that culvert?

I understand that it's a big problem if this could lead to a flooded home and big damage but if this is an ordinary culvert and not the Mississippi flowing underneath, what really can happen?

There are some risks that are worth taking.

I wonder if she would sign a statement that she is refusing to let you alter "her" culvert. If you build your own, you'd at least have some evidence that you tried to help her out in the unlikely event something happens. She sounds beyond uncooperative, so she may tell you to pound sand, but I think it's worth trying to get this in writing. People like this scare me because they tend to be manipulative, and it would be awful if she tried to claim later that she gave you permission and you "refused" to share the culvert should such an argument suit her needs. I realize I'm making a ton of assumptions in that leap, but that's how she's coming across to me.

I would check with your attorney before you put anything in writing to her.

My husband and I plan to call her today to meet with her and tell her that we plan to redo the culvert on our land but there will be part of the old culvert remaining and that we will not touch her property. If she then says we can remove it, we would have the attorney create a paper for her to sign to protect us. I would not ever step one foot on her land ever again in fear she may say we are trespassing.....even though she clearly said I am welcome to do what I want. She is a saucy, scary women. I tower her yet she is very intimidating....yikes!
I cannot express how grateful I am for you all taking time out of your day to help!

Texas.....wow, you pegged her exactly as my husband. I think trying to get her to sign anything will be hard as she may look for any lead to gain some money. I thank you for your advice and I may use your words above when I speak with her. Thank you!

so....hubby and I had a little meeting with her to let her know that we are moving the culvert and that there will be a little piece of wood structure left on her land. We offered to remove that little piece and leave her land looking and nice.....and what does she say....okay....here it is: she asked, "what is it worth to us?". We offered to spend a little extra to remove the structure and she asked how much money we would give her to do that. I thought I was going to faint. Life is too short for this kind of stuff. I think I am happy staying in my apartment. Just wanted to give you an update.

Geez, how neighborly of her. What a frustrating situation. I'm sure she won't waste any time complaining about what is left after you make the repairs and leave her with her structure remnant.

I suppose you can also assume she won't be the one to call the fire department if your house catches on fire while you're away. At least you now know what kind of person lives next door. Good grief. What is the world coming to?

This post was edited by dannie_gal on Mon, Apr 8, 13 at 11:53