Is the swampy area caused by some form of negligence?

I have a creek that crosses my property. It's a wet area.

There may not be anything the son can do depending on what the problem is. If it is a natural wet area his states DNR could have a say in what happens. Hopefully it is just a drainage or old septic tank problem.

I would also question how long ago the fence was installed and with what. Although the damp area may be causing the rot it could also be that the posts are old and the neighbor wants a free fence.

Also confusing is your statement that it is the neighbor's fence and the owner does not have a fence. Is it normal to have two parallel fences on properties in your area?

Fences rot. How old is the fence? What materials were used? Where is the water coming from? Who owns the fence?

There's probably not a lot that can be done other than replacing the fence with a material that isn't prone to rotting. Trees can be planted along a fence line. Trees have an amazing ability to suck up water. They are great for flood and erosion control due to this ability to draw up water.

My neighbor paid for the fencing for her back yard several years ago. Homes in this area are not normally fenced at all. And drainage appears worse, according to her. The son will never do anything. She's not asking for repairs. She wants new owners to be aware of poor drainage issues on the property that are affecting other homes.

I'm curious - if she's not asking for repairs, why does your neighbor want to tell the new owners to be aware of poor drainage issues? If she tells potential new owners, it seems to me that all she will accomplish is to prevent them from buying it (or at least be very cautious of buying it). So what's her purpose?

She might consult the city.

I think she should stay out of it. It's the buyer's business to do their own due diligence. Your neighbor needs a hobby other than aggravating a poor man who did his best for his sick mother and then lost her.

She doesn't expect the seller to do anything. Never has. Her only interest is in disclosure.

Disclosure is not her job or any of her business. Busybody, she may be nice in other ways but she trying to control something she shouldn't.

The buyer has their own obligation for discovery.

The problem isn't just with the potential/eventual sale/due diligence for the buyer. It's also with a issue that is affecting a neighboring property. Why wouldn't she be interested in the "fix" with new owners? If the issue continues, what hope does she have of keeping it at bay? And if it comes from the neighboring property that is now up for sale, why should she be the only one with consequences? Why should she watch a flipper make a quick buck, and leave her with the rest? A chance to protect her property- nice!

I'd get a good GC and/or engineer to come to my property- the only thing I could control. Take a look at the slope/the flooding/poor drainage areas, within City codes. Get a report. File it with the city. I'd put it with permit/tear down department, whatever that's called in your city. It, then, becomes a material fact, within a sale, at least in my city. That's disclosure. And if it isn't up to code, it will have to be remedied, during building, for code compliance and for future sale. And should be.

Unless unsolvable, it won't tank a sale, nor is probable to appreciably affect a flipper's profit or the seller's. A good listing agent might advise the owner to get at least one bid for the "fix", and leave it prominently on the counter. Eh- c'mon- a good flipper/builder/Realtor knows how to factor this in. Poor drainage isn't that hard, nor expensive, to solve, usually.

This story is kind of contradictory. You are saying that she's asked the owner to fix it and is concerned about the fence, but then you say that she isn't concerned about the owner (present or future) fixing it. She only wants the future owner to 'be aware'.

Which is it?

If it is truly the latter, then it isn't her concern and she shouldn't poke her nose into this business. If a potential buyer approaches her to ask questions, then she can answer truthfully but don't go approaching people (potential buyers or agents) and pointing things out.

If she is actually looking for it to be fixed, just wait until the new owners move in and then approach them kindly with her concerns and desires. Maybe with cookies. :) And not right away, let them get settled and try to get to know them a little.

And what exactly do you mean by "swampy area"?

Are we talking about a two square foot area that remains wet for a couple of days after a heavy rain storm a few times a year?

Or are we talking about a 50 ft stretch that is constantly muddy and has created a habitat for frogs and mosquitos? :)

The severity of the problem can effect the opinions of what level of action (or inaction) the neighbour should take.

"Unless unsolvable, it won't tank a sale, nor is probable to appreciably affect a flipper's profit or the seller's"

How could you possibly know this to be anywhere near true?

From experience in my current city, a very hot market, where I saw a lot of this get resolved in the sales process. "Near" true is what I posted. Completely true? I can't know that, but it as area to explore. The city I live in wouldn't let this pass, even if a seller and buyer agreed, if it were deemed problematic for a neighboring property. And I actually did see "head it off at the pass" of issues, at sales time.

Again- get it checked on your own lot is my best advice. If it isn't a problem, great. If it is? Why be the only one to deal with it? And again- drainage issues not that tough to solve, usually. But tougher to solve from the end drain point, without participation from the causation area. Without 2 sides, this all just keeps flowing down to the existing property owner.

Perhaps more than three letters will allow me to respond.

EDIT: SaltiDawg had posted, simply, "Huh?". Post has been removed.

Until then, these are the pressure points that currently affect the EXISTING owner, possibly stemming from the neighboring property:

1. Poor drainage that comes down, onto her lot, from a neighboring property.

2. A property next door in certain types of disrepair. The drainage hasn't been properly addressed.

3. If not properly addressed, the existing owner either takes on all costs to fix, to protect her property (and continues to deal with an issue), or finds a way to prove that this is, indeed, an issue, stemming from next door- and alert the city. I ask it again- why should she sit passively and pay?

Flippers/new homeowners- whatever. Either way, waiting until after the sale will be a heck of a lot more confrontational that what I've suggested.

If she interferes with the sale of the property, she may be held liable for that in court. I suggest she not approach potential buyers. Instead, take the matter up with the property owner, either now or with the new owners, after they own the property.

I agree, sounds like a busybody neighbor. Complains about the swampy area to anyone that will listen, but doesn't ask for anything to be done about it, not that there could or should be. Is it a protected wet land? When she sells her home then she can put in the disclosure form about any wet areas on her property. What the neighbor puts in his disclosure form is his business.

There are lots of things that you think someone should be responsible for, but they are not.

Homeowners are generally not responsible for correcting, diverting, or repairing the damage that occurs to neighboring properties from naturally occurring surface water. In other words, the person with the swampy area has no obligation to fix that area, so long as it developed naturally and doesn't create a health problem.

If they regrade, build or install things that divert water from their property to yours, that gets a lot trickier and more nuanced. Generally, they have a right to enjoy their property and make changes that increase that enjoyment, so long as it doesn't significantly reduce the enjoyment of neighboring properties.

If it is naturally occurring without a health risk, your neighbor (rather than the seller) should offer to pay for it.

If you think there might be a standing water health issue, notify the proper authority (health department). If they decide there is an issue, they will take appropriate actions.

On the other hand if it is a septic system problem, then your neighbor should submit a demand letter that notifies the seller of the problem and demands it be fixed. This will also probably trigger a disclosure requirement.

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As for the assertion that it wouldn't tank the deal...

Real estate markets and practices are local, big sweeping generalizations are not always accurate. I watched a $300,000 deal tank because of a water pressure issue. I have also seen a closing get delayed more than a week because a plumber issued a statement that the galvanic corrosion on a fitting wasn't significant enough to warrant replacing the fitting, instead of just replacing the fitting.

In the area I grew up in buyers are picky, they want lots of things fixed and repaired, and will walk away from a deal if it doesn't get fixed.

To be fair, if I see signs of bad neighbors or dishonesty, I will kill almost any deal. I don't mind pricing in any repairs, but you can't price in bad neighbors or things that sellers are intentionally hiding.

Probably not likely to happen but Bry brought up the natural standing water. Before I retired there were several large debts/fines owed to the government by people who diverted or otherwise changed standing or flowing water areas, generically called wetlands. Some did it intentionally others did not know that the area was a wetland when it was purchased. Things have probably changed and I no longer know whose jurisdiction wetlands fall under but for those who are interested your state DNR or USDA-FSA office should be able to provide wetland maps. At one time free but probably you would have to pay for them.

Salti both you and nancylouise brought up the natural areas but you did not explain why nothing could be done. Until the estate is settled which could be months the son or executor can do little to the property except keep it in current state of repair. To do otherwise could cause problems settling the estate.

Cant really tell from OP's post what the scope of the problem is - whether just some minor drainage issue or is it symptomatic of larger problem eg inadequate storm sewer drains on the street or whatever. It doesn't hurt to ask someone at city about it. If there are code violations happening or if its a bigger neighborhood-wide issue - then go from there.

If not, then go to plan B - there are ways of building a fence that wont rot - or go to composite fence or just composite fence posts w/the rest wood. Id also raise the grade of my yard up about a foot or 2 or whatever just so that the water stays pooled on their side and not mine.

I thought the word "protected" said it all. At least in our town, if a wetland is protected it has law/ordinances behind it to make it as such.