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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7310
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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For IrwinLaw - we had a prob w the previous question page so

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For IrwinLaw - we had a prob w the previous question page so reposted the questionWe have a farm in Indiana with a ditch running through it. A neighbor built a house about 45 years ago and hooked his house drain into a line of field tile that drained his farm through part of our farm to connect into a larger joint tile that goes to the ditch. Think of a "Y" with the long part of the "Y" going through our field and the short part coming from his farm to connect to the long.
He agrees that it is now time to replace the tile and we would like him to move the short stretch of tile to his side of the road and hook to the long part of the "Y". This would eliminate the short string of his tile on our property. We are not cutting off his outlet but minimizing his use of our land.
Can we require him to do that?Optional Information:
Country relating to Question: United States
State (if USA): IndianaAlready Tried:
Reading Indiana law as a lay person. Reading various online resources regarding drainage issues.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 10 months ago.

Thanks for getting back with me on this question. I can't give you a definitive opinion as to whether or not you absolutely can require them to do as you wish with regard to the new drain. He may have a prescriptive right to claim the current route via the long time usage of it. Situations like this are usually worked out by the neighbors by agreement, rather than through expensive court battles. I know that sounds like I'm begging off, but without going into extensive research and finding appropriate cases on the subject, which may be few and far between, that's probably the way your local court would handle it. Who knows? Perhaps your neighbor would be perfectly willing to work it out voluntarily. That is your logical starting point.

Expert:  Irwin Law replied 10 months ago.

I wish to add that in Indiana the county surveyor is in charge of all legal ditches, if that is what you have. S/he is the person who is in the best position to advise you as to your rights, in the case of a legal ditch or drain that crosses your property. My apologies for not being more definite, but without spending hours on obtaining more facts and doing case research, this is as definite as I can be.