Until late 2011 Sheplers acreage above, turnaround and driveway drained left into a brook via a road-side ditch. His hillside drained naturally downhill past our barn area at lower elevations likely utilizing the 100-ft curtain drain. On 12/28/11 Shepler eliminated his driveway ditch while widening the driveway by 6-feet (he passed off widening as "maintenance"). He made …show more content…
A much larger August 2012 storm caused extensive erosion of ditch and property. The run-off from his acreage crossed the turnaround (as his marked up photos shown) , flowed on the right-side and exited to our ditch and eroded the garage apron. Water escaped the overloaded ditch to erode barn approaches, barn-side ditch, pathway all the way to past our house and inundated its crawlspace/foundations.
When informed of the damage Sheplers took responsibility for the faulty works and fixed his driveway but refused to restore our property. With the under-footing now rendered unsafe for horses and no settlement within sight, we were forced to relocate during negotiations. Ultimately, with Shepler now blaming us, we were forced to return to make repairs at our own expense.
Since destruction on our property resulted from changes made by him on his uphill driveway, ditch and terrace without involving us and since he admitted his mistake -- he is responsible to put the situation back how it was; and, reimburse our damages and costs