Legal Question in Real Estate Law in Minnesota

Culvert in private ditch too small

I have a privately held two party drainage ditch. My neighbor owns the land across the gravel road. He would like to install a culvert in the private ditch which will flood my land across from and connected to the private ditch in significant rain, melting, etc. There is a drainage agreement in writing from 21 years ago that tiling may be done 100 yards from both sides of the gravel road. Can he go ahead and put in a culvert that will only allow 1/10th of water to go through it?


Asked on 4/13/07, 3:43 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Culvert in private ditch too small

Generally, the drainage agreement will control. I'd need to read it and have some more facts, but from the information provided the restriction is the distance tiled, not the size of the tile or culvert. If the ditch is too small or needs repair or cleaning in order to handle the water, you may be able to compel your neighbor in sharing the cost of this work. Again, I'd need more facts to be more confident about it.

Please e-mail me if you have further questions.

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Answered on 4/13/07, 3:50 pm


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