#yarderosion #creekflooding #propertydamage
🏞️ Dealing with yard erosion from a creek behind your property can be a frustrating and challenging situation. When your loved one’s yard is slowly being swept away by a creek, it can cause worry and stress. In this article, we will discuss some tips and solutions to help you address this issue and prevent further damage to the property.
### Understanding the Problem
– The creek behind your mom’s property is causing erosion to her yard, leading to a loss of about 8 feet of land.
– Despite the creek being owned by the city of East Peoria, the city has not taken any action to address the issue.
– It is essential to understand the cause of the erosion, such as heavy rain, improper drainage, or the creek’s natural flow.
### Assessing the Damage
1. Survey the extent of the erosion: Measure the distance between the original property boundary and the current erosion point.
2. Document the damage: Take photos and videos to show the erosion and its impact on the property.
3. Consult with a professional: Consider hiring a land surveyor or landscape architect to assess the damage accurately.
### Seeking Solutions
1. Contact the city: Reach out to the city of East Peoria to report the erosion and request assistance.
2. Explore legal options: Consult with a lawyer to understand your rights and options for recourse against the city.
3. Implement temporary measures: Build retaining walls, plant vegetation, or install erosion control measures to prevent further damage.
### Long-Term Prevention
– Work with a landscape architect to design a sustainable landscaping plan that mitigates erosion and enhances the property’s aesthetics.
– Consider applying for permits to make permanent changes to the property, such as building a retaining wall or adjusting the creek’s flow.
### Conclusion
Dealing with yard erosion from a creek behind your property can be challenging, but with proper planning and action, you can prevent further damage and protect your loved one’s property. By understanding the cause of the erosion, assessing the damage, seeking solutions, and implementing long-term prevention measures, you can address the issue effectively. Remember to document the damage, consult with professionals, and advocate for your rights when dealing with creek erosion. Stay proactive and take steps to protect your mom’s yard from further damage.
you could submit a petition to plant erosion control plants there. it may be expensive and be rejected but you can try this if they are willing to work with you. otherwise a city will likely be liable for damages things like trees and groundwater do to your private property. often they will try to shift liability but much of the time they will be responsible for damages done. if you plant your own erosion controlling plants on your property to prevent further damage and the water still damages them then the city can probably be found liable and be forced to pay for repairs to the property. so it wouldn’t hurt to buy such erosion preventing plants. just don’t plant anything on the city property as that is not allowed without permission.
Surely, she’s not the only homeowner affected by this. Can she recruit a small team to go door to door to sign a petition? I would also try reaching out directly to particular members of her city council.
Has she reviewed her homeowner’s insurance policy to understand what is and isn’t covered?
Is the creek a navigable waterway? If so contact the army Corps of engineers
NAL but I know a thing or two about creeks. If you’ve lost 8 ft of property caused by creek erosion, then the solution is probably way beyond just putting some plants on the creek bank.
Make sure the creek is really within the city’s jurisdiction. Then, I’d suggest getting a lawyer involved to try to force the city into building a retaining wall, or installing huge boulders, or similar.
Take lots of pictures. Hopefully you have “before” pics too?
Often times you own the land under the water but not the water itself, if it is considered “navigable” waterway.
Riparian rights are the rights of the people that own land adjacent to rivers and streams.
Littoral rights are the rights of the people that own land adjacent to lakes and oceans.
To make things easy, let’s put these changes into 2 categories:
(1) a sudden change like that caused by a flood or hurricane and
(2) a constant, gradual taking or giving of soil from or to a riparian owner.
A noticeable sudden gain or loss of land like that caused by a hurricane or a flood is called an avulsion. In this situation, there is no change in legal title. The riparian owner still owns the land which was owned prior to the flood or hurricane. Though you never want to be in the middle of a flood or hurricane, at least you can claim your property after the waters recede.
A gradual taking or adding of soil is a little more detailed. The term we all are familiar with is erosion, which is defined by Webster’s Real Estate Law In North Carolina, as the loss of soil by running water or by the currents or tides of the ocean. If a creek or stream erodes away a riparian owner’s land, the soil swept downstream is lost as to that riparian owner upstream.
Accretion is the increase in soil an owner downstream may obtain over time. The solid deposit of soil which has now created an increase in dry soil is the property of the riparian owner downstream. The accretion has now adjusted the boundary line of the downstream owner of the deposited soil, and they may have a bigger parcel of land.
Another form of increasing a riparian owners property is a process called reliction. Reliction is the gradual increase of land over time by a body of water receding. The key is that the receding water has to be permanent. Tidal waters receding would not create ownership at low tide since the soil will be submerged at high tide.
Years ago, our city leaders approved a development upstream that affected the yards downstream, to the point of much erosion and potentially compromising the foundation of a couple of houses. They homeowners sued the city and the city had to pay for mitigation. If possible see if something like that has happened that could effect the water levels
They may not be willing to do anything until city owned infrastructure, or people are at risk. The term you want to use “life safety risk” if your home is at risk of falling into the creek; but then still it sounds like an insurance issue.
If the city altered the creek upstream and these are new downstream effects you may have a case. If so, photos from then and now, and letters from other affected property owners will be key in getting action.
Have you looked at getting an environmental engineer or a landscape architect to alter your land by installing riprap (boulders) at the water edge? You may need to apply for a permit with the city before doing any work.