Rainwater and long undergound drain tiles

[dave11]

My house was built in 1951, and has what looks like clay drain tiles going underground and ending in the middle of my neighbor's back yard, down a hill about 200 feet away. I only know this from a survey done in the 1970s, showing the path of the two drains. There also is an easement showing that this right was given to the original owner of my house, who initially owned the lot down the hill, where my neighbor now lives. I assume he sold the lot on the condition this house retain the right to drain water run off into the nearby lot. My neighbor's house was built in the 70s.

Problem now is that when it rains hard/long enough, the pipes back up, and rainwater spills over the gutters, or backs up where the downspouts meet the tiles.

Is it worth trying to repair or rework drain tiles that are nearly 65 years old? I'm amazed they drain at all, given how much junk must have washed into them all these years.

It's not clear what happens at the ends of the tiles. The survey just shows them ending.

 

[Warm_in_NH]

Those tiles collapse over time and are easily infiltrated by tree roots. May be worth having a septic company come and run a camera down them and see what's going on but more likely than not, they're collapsed.
Now, I notice words like "assume" used when referring to the right to use the neighbors land for said drainage. If this is your only spot to dump the water I would suggest you know for sure where you stand before you alert your neighbor to the situation, it's easier to be nice and neighborly when you know you're in the right.
Depending on how deep everything is, or needs to be to maintain grade, what the labor pool looks like (kids to run shovels), may be easier to just re-do with PVC and be done with it.
Not really an answer, but we're rained out, I'm bored, thought I'd give my .02 worth.

 

[dave11]

I know for sure I have the legal right to drain there. There's an Easement as part of the Deed when I bought the house, that details the right to drain there.

I'm sure though, if I end up digging up his back yard to replace the pipes, that I'm opening a can of worms. I might look into running new pipes just to the edge of my property and letting it run off across the slope of his back yard. If he protests, then he'll need to cooperate with me digging.

 

[begreen]

Digging pipes make a small mess and scar, but it heals over quickly. A year later one would be hard pressed to tell where the pipe is. If you need to replace the entire run let your neighbor know your thoughts and what you will do to mitigate concerns. Let them know you want to do it right and this should be a one time deal.

 

[semipro]

I'm sure though, if I end up digging up his back yard to replace the pipes, that I'm opening a can of worms. I might look into running new pipes just to the edge of my property and letting it run off across the slope of his back yard. If he protests, then he'll need to cooperate with me digging.

This might backfire on you. Overland flow is more likely to cause problems on your neighbors property. Also, if you don't continue to use your easement it may be seen as "vacating" and you may have a tougher time using it in the future. You'd win the fight but might have legal costs. I'd lean towards replacement of the pipes through the whole easement and be done with it.
Also, if you neighbor is critical of your plan and suggests that subsurface repairs (rooting) are more appropriate you might offer to let them share the costs of a exploring and implementing that option rather than full replacement.

 

[billb3]

If the pipes had the right pitch all the junk should be in the dry wells at the end.
If there are dry wells. They may have transitioned to the French drain pipes to let the water out instead of in.
Or just terminated as on the drawing.
I found a dry well and drain on my house pulling out a huge overgrown yew with my backhoe.
Didn't know the house had 'em. I was able to put a sewer tape down mine to feel what was at the end and it felt like a three foot wide dry well. Probably a simple 'tank' made of the rocks they pulled out when they dug the hole for the dry well and pipe. ( we have a LOT of rock here). Cesspool, garage and underground water well room was made the same way out of rocks.
I hooked it all back up.

I would look into what codes govern what kind of recharge system is allowed/mandated in your town . There may be code limitations on what you can repair/replace.
Almost every new build here has to have a recharge dry well system in part because of Title VI septic fields.
Also to help keep basements dry.

 

[sportbikerider78]

You might have a right to drain there, but I would not think that means you can repair the drains by force and dig up his yard.

If it was me, I'd divert some of the water elsewere on my property. Less hassel and then I can fix any issues that might spring up.

I'm in a difficult situation right now. I have a low area of my property that is quite narrow and my home is below the grade of this area. It floods when we have lots of rain. The easiest and best way to prevent it from coming down to my house (I already installed extensive french drain system) is to divert it under my driveway and in the direction of my neighbors property. It would make part of my property more wet as well and I really don't know what it would do when it really rains. I'm experimenting with a 4" PVC pipe that I installed by hand and even though it flows water all day, it does not seem to impact their land at all. (100% woods that they do not even walk through).
I will likely just have a chat with them,,,explain my delima and see if they mind me putting in a large culvert.

 

[Highbeam]

So you have an easement, that's good. The easement document will have words on it that talk about maintenance and restoration after you're done. You need to maintain your drain which may include replacement.

Talk to the neighbor. Tell him your drain in your easement is plugged and that you need to clear or replace the line. His refusal (if he refuses) to allow you to do this would actually make him liable for damages caused by the plugged line. He doesn't really have a choice if you have an easement. He can only gripe about your poor job restoring the ditch and you can let him whine.

 

[blades]

Clay tiles 1970 install - about now look more like pick up sticks ( kids game) than a drain - just from ground frost cycles as well as invasive vegetation. As I have slowly been redoing mine that I installed back in the 60's. I have found sections where the pipe ends do not even meet anymore purley from ground movement over the past 40+ years( its a dang sight harder digging these up than I remember putting them in - age takes its toll again) Course it is a lot faster replacing with the plastic now than it was with those clay ones back then.

A lot of new rules concerning surface water drain off - so you might want to check downtown first before poking a stick in the beehive ( neighbor) to see what is and isn't allowed on that side first.

I am gettin hit with a $8K reline of my lateral just because it no longer meets the current code - there is nothing wrong with it, It is working just like it is supposed to but the powers that be have changed the rules since 1959 when it was installed. Laterals of that date were installed in a manner to collect ground water as a means to self flush- introducing ground water in to the sanitary sewer system is no longer allowed in the metro area. Court wise I could fight it and win, but then the city would just declare the property unfit for habitation - catch 22. (Which still wouldn't resolve anything just revenge on the cities part)

 

[Highbeam]

since 1959 when it was installed. Laterals of that date were installed in a manner to collect ground water as a means to self flush- introducing ground water in to the sanitary sewer system is no longer allowed in the metro area.

In my experience as a utilities engineer for cities, it's not that they were trying to collect groundwater but that they didn't care if groundwater entered and the technology at the time wasn't as water tight. You're right though, it could be working as good as new but no longer good enough.