HomeMy WebLinkAbout2025-10-23 Conversations with Complainant Conversations with Plaintiff
The following is the correspondence with the plaintiff who filed the complaint against my driveway.
a total of 7 correspondences (my last being 2 part)
I have highlighted the sections related to the driveway issues.
1 .
10 Jan 2024
i invited Nick over to show him where the issue with the water was. showed him the area where the
flow was entering his property, (the low spots illustrated in the photo attached on the following pages
here his tents were standing). i explained to him that vegetation was removed from my property, we
didn't grade or displace earth, nor did I (we) dig that low spot. The slow spot was present prior to me
owning the land and was not created by me. The low spot was within his original fence line, either
dug out by him or the previous owner of his property. Either way that low spot was there prior to me
owning the property. We also discussed how that low spot is where the water flows naturally, and
has always done so, a large factor this time being the that it was a unnaturally heavy rain.
I also showed him that his new drive way is blocking water from going down the hill and diverting it
onto my property. This may not be the cause of the problem but it is making it more severe. I don't
believe he understood my position, but said he'd have a look and see. He also stated that none on
the street had a culvert to allow water to pass, which is a fair to say. Regardless the water needs to
flow down the state ditch and at the moment cannot as it is backing into my property. Compounding
the water issue.
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Video screenshot Taken 9 Jan 2024 Video screenshot Taken 9 Jan 2024 Video screenshot Taken 9 Jan 2024
After our conversation I sent nick the photos showing the water pooling on my side of his
driveway.his reply in the screenshots below.
2 .
Got a River going in front of my place looks like it's
mostly coming from your side as everything from your
flat area seems to be flowing to that dip on line; is that
something you can please fix later on?
Never had it this bad before with rains
9. Jan 2024 at 20:43
Duly noted that this was a lot of rain in a short period...
I had a look, and I see where the waters coming across
to your side... it's in the location where your tents and
chicken coop were located, where you had levelled the
grounds creating a low spot in the landscape on this
side...
you can come by tomorrow when the sun is shining
hopefully and I'll walk you down there and we can
discuss ways to try and mitigate the issue.
Sounds good thanks
10. Jan 2024 at 13:01
Let me know when a good time is to swing by today I'm
under the weather so I will wear a mask/keep distance
not Covid but some other bug our kid brought over.
10 ish I good with me
Will swing by then
10. Jan 2024 at 16:10
Thanks again for meeting and discussing the water/
drainage issues hopefully we can figure out a solution
in future that will mitigate it. If you find time before you
go to do anything in that area and need a hand let me
know and I will help baring I get over this cold soon.
Otherwise I'm going to work on putting a french drain
along my fence and will be waiting your return in
summer months to revisit this.
No worries nick, it was good conversation all around I'm
glad we could get together, and again when weather
conditions permit I'll give it a go and let u know as it's
happening so u can have input on how it goes..
10. Jan 2024 at 18:36
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I didn't get a chance to show you what I was talking
about the water backing up front. you can see how the
waters backing up several feet uphill, which is either
possibly pushing water into or not possibly not allowing
water to seep out of my property, which could be
compounding the ponding issue... something to think
about, look into.
Yeah I did see by front gate some water coming from
inside but didn't look out I guess if you had that drain
_ .
running all the way along and it went into that would
definitely back up with that situation. I suppose adding
a culvert down road in front would alleviate that. Let me
know whenever you get to that point and perhaps can
look at making changes up front.
Wed 28. Aug at 13:10
Peter
I wanted to alert you to watershed issues from your lot
that flooded/damaged my driveway during the recent
storm. Since we last spoke I placed a sandbag wall with
a french drain relief point near the driveway to prevent
runoff from your lot potentially damaging my house
foundation. This drainage appeared to be functioning
after periods of rain that were around 2-8 inches.
However during this recent event my drainage was
overwhelmed by your surface water. Fortunately the
wall worked but I had to keep a watch on the wall
throughout the storm and add a few bags to prevent
failure after the wall was loaded.
There was a large river running down my driveway as
the water was coming from the entire front portion of
your lot and because of the volume of water it eroded
my driveway down to the lava cap about 50 feet long
and 6-8 inches deep pushing all aggregate down in low
area of my driveway. I spent all day yesterday fixing and
pulling 2 inch drain rock from other areas to fill in the
cut out area. During the storm I noticed 2 other spots
(front and back) that also had drainage from your lot.
My concern is we have never had flooding issues from
that lot before (i.e. Feb 2023; 80 inches of rain in one
month with no impacts) but after your clearing work
watershed issues started occurring. You indicated
before your clearing work to let you know if there were
issues with water because changes would happen. I let
you know during our last in person conversation about
watershed issues from your lot and nothing has been
done to mitigate.
Had I not invested time and resources into erecting my
3 .
Text massege received from N. Lesourd on 28 Aug 2024
Peter
I wanted to alert you to watershed issues from your lot that flooded/damaged my
driveway during the recent storm. Since we last spoke I placed a sandbag wall with a
french drain relief point near the driveway to prevent runoff from your lot potentially
damaging my house foundation. This drainage appeared to be functioning after
periods of rain that were around 2-8 inches. However during this recent event my
drainage was overwhelmed by your surface water. Fortunately the wall worked but I
had to keep a watch on the wall throughout the storm and add a few bags to prevent
failure after the wall was loaded.
There was a large river running down my driveway as the water was coming from the
entire front portion of your lot and because of the volume of water it eroded my
driveway down to the lava cap about 50 feet long and 6-8 inches deep pushing all
aggregate down in low area of my driveway. I spent all day yesterday fixing and
pulling 2 inch drain rock from other areas to fill in the cut out area. During the storm I
noticed 2 other spots (front and back) that also had drainage from your lot.
My concern is we have never had flooding issues from that lot before (i.e. Feb 2023;
80 inches of rain in one month with no impacts) but after your clearing work
watershed issues started occurring. You indicated before your clearing work to let
you know if there were issues with water because changes would happen. I let you
know during our last in person conversation about watershed issues from your lot
and nothing has been done to mitigate.
Had I not invested time and resources into erecting my sandbag wall, my foundation
would have been damaged from this event and a much different conversation would
be had.
You also indicated during our last in person conversation that you would be out
sometime this summer and we could revisit this situation to determine some courses
of action. I ask that you berm along the entire property line to mitigate flooding on my
lot from your lot, and place drainage out front of your ginger barrier to properly drain
your surface water to the street front.
In addition, I wanted to alert you to several Ohia that are dying/dead after your
clearing work that are near my house, fence, and front gate. These trees pose a
hazardous situation especially the one over my bedroom area.
I understand you're busy with work/life but I would greatly appreciate some attention
on these hazards to mitigate any further damages to my property.
Pictures follow;
Water on your lot building against my sandbag wall
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1 September, 2024
Mr. Nicola Lesourd
This letter is In reference to your text message sent on Wednesday the 28th of August
2024.
Hurricane Hone that came through this weekend brought in extreme amounts of rain in a
24-hour period, as did the storm which hit us on the 9th of January earlier this year.
Storms of those magnitudes bring heavy rain, and flooding to the island, prompting flash
flood advisors and warnings.Volcano Village is no exception.
Yes, A lot has changed since Feb of 2023. You were found to have been encroaching
approximately 13 ft at its widest point and approximately 100 ft long on to my recently
purchased property.You made alterations to the landscape while encroached to suit your
needs. Excavating the ground,cutting down trees, poisoning plants,to name a few things.
During which you've stated you had several surveys to your property. Only after my initial
property survey, did you acknowledge the fact that you were encroached, at which point
and onlythen did you remove your structures, plants,and relocated your fencing to within
your property line. Yet you made no attempt to restore the land to its original state, prior
to the encroachment. You left debris such as Random piles animal Manure, cinder, soil,
and gravel, ect., you cut down two trees without permission, leaving the stumps,
uprooted ginger and finally, left behind a large dip approx. 13 ft x 100Ft (low spot)where
now water is collecting. See Figure 1.
After which you built a cinderblock wall to support your"privacy fence"directly in front of
said "ditch" on your Newly established property line, exacerbating the issue of water
pooling, and redirection, as you described in your text to me. See Figure 1
All that being said: Please note,that this is your Official Notice that"I gracefully request
that you return my property back to the state that it was prior to the encroachment."
Specifically:
1. Fill in the low spot you excavated, bringing the soil level even with the rest of the
surrounding property, and packed tightly to avoid excessive erosion.
A portion of this area is illustrated within the dotted of Figure 1, below.
1 September 2024 Page Iti,3
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Figure 1
2. Return the berm as it was prior to the Encroachment.
The pre-existing berm that extends along the property line from Old Volcano Road
and abruptly stops where your Encroachment began at the tree labeled"Southern
Tree" in Figure 2 below. And abruptly begins again at the tree "Labeled Northen
Tree".This missing section of Berm is to be put back.
The Apex of the replacement berm is to run on the property line between the
northern and Southern trees (the area of Encroachment). This means the base of
the berm will be equally dispersed between our property and mine,As does all of
the pre-existing berm either side of the encroachment. It should match the pre-
existing Berms height and width. and packed tightly to avoid excessive erosion.
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Figure 2
1 September 2024 Pag: 3
Also, the installation of your driveway across the county drainage ditch has blocked the
water flow on Old Volcano Road. This blockage is a major factor to the flooding that is
occurring on my property during rainfall, and by default your property as your property is
downhill for mine.
Your driveway in effect diverts vast amounts water coming down the road from the village
onto my property.
Finally, I see every"Boundary Trees" on your and my shared proper line, as a risk. And
would like them to be removed to mitigate any, and all present, and future risks to your
property or mine.
Should you have any questions,or would like to discuss these matters further, please feel
free to reach out to me. If I'm not available, you may talk with my father (William Peter
Frazier) and he will relay your inquiries to me.
Best Regards
0
William Peter Frazier
03:201 :: 5G+1 10:58 :: ^Sal
0 01 Nicola Lesourd Done
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Back area of my lot with water
intrusion and my attempts to redirect
away from back of my house Documents See All
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:�AO reply rev 1
*' • 03:06
Today 03:06
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1 September 2024 Page 0
5 .
Nicola Lesourd
P.D. Box 154
Volcano, Hi 9
William Frazier
P.D. Box 883
Volcano, HI 96785
December 17,2024
Aloha Peter,
I received your letter of September 1t. I understand that you think I'm responsible for a number
of problems on your property as well as mine. I'm sorry, but I have to disagree.That being said,there
are two matters of which I believe we can come to an agreement on and I would like to discuss them
further; removing hazardous trees and reestablishing berms.
The tree you labeled in your letter as"northern tree"(shared on lot line)and one next to it are
dying and need to be removed before they fall down.These two Ohia trees pose a threat to my property
in that unless they are cut down,they will eventually fall and damage my house as well as solar panels,
fencing, potentially my cesspool,etc. As there is no reason to believe the trees can be saved, I would
like to take the needed action now of cutting them down rather than waiting for something to
happen.Would you agree to allow my arborist to access your lot and remove the two trees? Also,as
you may know,there are other dying Ohia trees on your lot with large,overhanging branches on my
property in the vicinity of my driveway that also present a safety hazard. I am willing to pay my arborist
to remove the two aforementioned trees and any branches from your dying Ohia trees that overhang
my driveway.My arborist will need to leave any large logs you desire for building purposes near the area
of tree felling.Otherwise,they will chip them if you don't want any of the tree material.
In addition to having my arborist address the dying Ohia,and in the spirit of Aloha and being a
good neighbor, I am willing to reimburse a portion of your costs in the area where your carport is
located along my fence line to have your contractor move materials from your stockpile in the front of
your lot and place them within the low spot outlined in figure 1&2 of your letter to reestablish a berm
to protect the Southwest side of my house.Should you agree, I would need to have documentation(i.e.
estimate or statement of work)from your contractor M&L tree service LLC 171926 C5 required to
mitigate surface water runoff and flooding conditions in this area.As I previously noted berms should
not rest up against my fencing as these were not designed to retain materials.
Establishment of a berm along the entire lot line will immediately alleviate the issues of
surface water runoff flowing onto my lot along several areas of the lot tine. However,you have indicated
you do not want to take this course of action.Therefore, I am seeking some solutions from you to
mitigate other areas of concern (e.g.Southeastern corner of your lot in the tree line along the lot line
where water collects then flows down my driveway towards my workshop/the area in the back portion
of your lot with a building pad that is generating surface water runoff near the back of my lot that flows
towards my house). I can show you these areas of concern the next time you are on island so you can
see where they are or we can conduct a videocall to review if you won't be out in the near future.
1
In closing, my property never had surface water runoff and flooding issues like this before.As I
have continuously expressed, I prefer to work this out with you and make adjustments as I understand
you are in the process of developing and are in a position to make changes. I appreciate it if you could
give me an answer within a month to the following;
1. My arborist accessing your lot and removing the two trees(northern tree shared on lot line and
smaller tree adjacent to it)and addressing overhanging branches that pose a threat to my
safety and property. If you are in acceptance of the removal of these two trees and you would
like any of the large Ohia for future building needs please outline what length and I will ask
them to make it so;the arborists will need to leave any large logs you desire near the area of
tree felling otherwise they will chip them if you don't want any of the tree material. If you are in
agreement, I will inform you of a timeframe when the arborists can come and figure out days
and times that work for you.
2. If you agree to having your contractor work on the low spot outlined in figure 1&2 of your
letter and desire to move forward, please outline your contractor's estimate on how best to
mitigate surface water runoff in this area.Once I receive that information, I can determine a
reasonable amount to reimburse you for this endeavor. Please note berms should not rest up
against my fencing as these were not designed to retain materials.
3. Please outline how you intend to mitigate surface water runoff in both the back and front
portions of my lot along with a timeframe for mitigating actions.
Regards
Nick esour
Owner Huila Farm
USCG Senior Chief Petty Officer fret.)
2
6 .
Mr. N. Lesourd,
P.O. Box 154
Volcano Hi 96785
January 9th 2025
This is a response to your letter dated December 17th, 2024, specifically in regards to the trees.
You may remove any boundary trees which you feel endanger your property. The removal will
take place from your side of the property, and at your own costs.
In general, I see no need for your contractor to enter or use my property to perform the removal
of any boundary tree. As all the boundary trees can be as easily accessed from your property
as they are from mine. Should there be an extenuating circumstance that your contractor feels
he needs to access my property to perform a specific task, and this said task could only be
done for his own personal safety from my property, me or my representative would definitely be
willing to entertain his request. Should such a request be granted, whiles on my property, your
contractor will do so at his own risk. Me or my representatives will not be responsible for any
injury or accident that may take place whiles said person is on my property.
Regarding the removals of the boundary tree or trees, I only request prior notice of your
intentions, 72 hrs. prior to the planned start date, and again on the day of, via a phone call to my
representative (My father, Mr. William Frazier phone# +1-808-937-1957). So that arrangements
can be made to ensure the safeguarding of my property, personnel, and livestock.
I do appreciate the offer of leaving the logs for my later use, but I truly do not foresee a need for
them. So, I must gracefully decline.
As for the other trees that you feel present a nuisance and/or a hazard to your property.
request that you provide me with photos identifying the tree or trees in question and the hazards
present (Aka: The Limb or limbs in question), so that I may better understand the issue, and
where necessary apply the appropriate action.
To the other issues discussed in my letter to you dated September 1st, 2024, and your reply
dated December 17th, 2024. I will reply in good time.
Again, feel free to contact me at any time should you have any questions, or wish to discuss
these or other matters further. Should I be unavailable you may contact my representative, Mr.
William Frazier, (Master Sargent, USMC/USA Retired) and he will relay your inquiries to me.
••• To:Nick Lesourd Q7
Aloha, and Best Regards Q Search =EMI
NiekLesourd 10 35
Mon 2.Sep at l0'.06
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• Still raining,guess I'll go to the bar please see the attached response to your letter to me dated
12-17-2024
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Mr. N. Lesourd
P.O. Box 154
Volcano Hi 96785
January 10th, 2025
Mr. Lesourd
This is the response to your letter dated December 17th, 2024, mainly in regards to
Items 2 and 3 of your letter.
1. Item 1 of your Letter dated December 17th,2024:Trees:
As to the issues of the trees that present a hazard to your property, I have already
replied to you in the letter dated January 9th, 2024.
In addition to that reply, I am already taking steps to investigate and have begun
preparations for removal of my trees that are a threat to you and your property.
Although I still request that you provide me with photos identifying the tree or trees in
question and the hazards present(Aka:The Limb or limbs in question),to ensure that I have
addressed all the concerns you have,and there is no confusion as to your expectations.
I have stated my position on the boundary trees in the same letter.
To be clear:
The boundary tree is not to fall on my property.Your contractor is to make every
effort to land any cuttings of the boundary tree within the boundary of your property.
At present I have no issue with this tree, and do not require its removal, nor do I wish
to interrupt my day to day operations any more than necessary,to deal with the
subsequent damage and clean-up it would cause by landing on my property.
As I stated you previously,you have my permission to remove any boundary tree that
you feel endangers your property at any time,this tree included, as long as you
follow the requirements laid out.
2. Item 2 of your letter dated December 17th,2024,Area of Encroachment:
To this issue, my stance has not changed, although I must make one amendment to
my request. Because it appears to be some misunderstanding as to my
expectations, I will clarify them for you below.
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Pa_ 6
2.1.Amendment:
As to the"Property Line"Berm"between the North and South tree (in the area of
your encroachment).As I can find no evidence that a berm ever existed in this
location prior to your encroachment, I will concede and not require its
replacement.
2.2.Clarification:
Let me be very clear, Mr. Lesourd.Your encroachment, and subsequent
alterations were made without the consent of the previous owner nor myself.
Upon your retreat you made no effort to restore the alterations, nor acknowledge
they took place.The onus to rectify the issue of your encroachment and
subsequent alterations is yours, and it must be done to my satisfaction.
I leave the decision totally up to you on whether you wish to proceed with the
restoration of my property in the area of your encroachment. If you do wish to
proceed,you must fulfill the requirements laid out below.
If you choose not to proceed, I will make No attempt at restoring this area,And
the terrain will remain"As-Is", as will the migration of water at this point on the
property line, as this issue was cause by you. It would then remain so until such
time that I should decide otherwise, and at which point I will do with this area as
see fit,within my rights as a property owner.
I will accept no unauthorized alteration or obstruction to the natural flow of
water as it is between your and my property at this point or any other point along
our shared property line at any time.
2.3.The requirements should you wish to proceed restoration are as follows:
I will allow you to plan the restoration of the area of encroachment. I would also
accept a planned alternative point at which the water would flow across the
property line.As long as it is practical, and within the area of your encroachment,
to best suit your and my needs. As long as this alteration doesn't impede the
migration of water from my property to yours or cause additional flooding of my
property.This is in your best interest, as you know where you could best accept
the flow.The crossing whether altered or left as is, must be sufficient to maintain
the volume of water seen during the flooding conditions which we have
witnessed since your encroachment, and you have mentioned to me in your
complaints.
You are to present your plan for the restoration, including where and how you
would like the crossing point for water migration to occur. For my review and
approval.
Pel of 6
You are to perform the restoration at your own cost, materials, and labor.
Access to and from the worksite (the area of encroachment),for you,your
personnel and/or materials will be through your side of the property line.You
and/or your contractors will be allowed onto my property only in the area of
encroachment where the restoration is to take place and a reasonable area
outside of this to facilitate the work you are required to perform. Me or my
representatives will set up a boundary of some type (some sort of markers or a
horse fence) so as it is clear how far into my property you are allowed to advance
to perform the planned restoration.
Whiles restoration of the area of encroachment is taking place, I or my
representatives,will not be responsible for any injury or accident that may take
place on my property.
Working from your side of the property also will minimize the interaction and
coordination required between parties (mainly you and my representatives). This
also minimizes the interruption to my party's day-to-day activities.
You are to"fill in the low spots you excavated and bring my property back to the
height of the surrounding property". Keeping in mind some form of adequate
drainage must be provided to allow water to continue to migrate between the
properties.As stated above,this drainage must be sufficient to maintain the
volume of water seen during the flooding which we have witnessed since your
encroachment.
Once the plans have been approved, I will require 72 hrs. notice prior to the
planned start of work, notification on each day prior to the start of work,via a
phone call to my representative (My father, Mr.William Frazier phone#+1-808-
937-1957),to allow me to safeguard my personnel, property, and livestock from
potential hazards.
The Restoration work will be done under your direction and carried out as per the
approved plan you presented to me.
The restoration will be considered complete only when the finished product has
been inspected, and final approval/acceptance given by me or my designated
representative.
3. Your Driveway's obstruction of the county drainage ditch:
As I previously stated, both verbally and in my letter to you dated September 1st
2024,the installation of your driveway across the county drainage ditch with no
culvert or means for water to pass has blocked the water flow running down Old
Volcano Road. This blockage is a major factor to the flooding that has occurred on
IPP. of 6
my property during rainfall, as it backs up the flow of water on to the easement,
redirecting the runoff onto my property and by default into your property.
As once proper ditch or canalization is installed, it will allow for proper drainage past
your driveway and not back up into my property. This should in itself ease some of
the flooding issues during storms between your property and mine which you have
complained to me about.
4. Item 3 of your letter dated December 17th,2024,The Mitigation of RainWater
Runoff:
I appreciate you bringing to light the issue of water migration, as this has been an
issue on my lot for some time now.
As you may have noticed, my Lot has never properly drained after a storm of any
significance.And I have never understood why, until you mentioned this issue of
water migration, and I began to look into it.As you know, our properties should drain
predominantly west to east, basically down the mountain towards Hilo town. Mine
should also, but as you have pointed out in your complaints to me, it does not.
Since the clearing of the overgrowth on my side of the property line, I've been able to
better monitor the water movement across my property, and its behavior at the
property line. It has now become apparent that much of the flooding issues I am
experiencing are directly related to the"Man-made Berm"that is on our shared
property line.This berm acts to inhibit proper water migration from west to east
across the property line, and redirects the flow north along the berm, and down into
the low spot of the area of your encroachment.
This"Berm"which ironically is present nearly the entire length of your"developed
lot", (it is approx. 200 ft long and extends from Old Volcano Road to the"South
Trees"of the area of encroachment) and along the full length of your driveway. This
"Berm"is by no means a natural formation, it is earth pushed up from your property
on to the property line. It was put in place at some point during either the clearing of
your lot, installation of your driveway and/or alterations made by you thereafter.
This"Man-made Berm"impedes the natural flow of water as it wishes to cross the
lot line,which at a minimum,floods my lot and creates pools of standing water, and
in heavy downpour conditions sends a concentrated flow of runoff through the
crossing in the lot line you have pointed out in your complaints to me.
The issue of this berm's existence and the problems it is causing are a very serious
matter, as it impedes the waters natural path of migration across our shared
property line.
Should we not be able to come to an agreement on the current water migration
issues discussed in this letter, I would have no other alternative but to involve the
State to come investigate the"Man-made" Berm dividing our properties, and the
Pag- : 6
subsequent drainage issue it is causing. Should the State determine this berm to be
illegal and/or unwarranted, I would ask for the removal of the"Man-made"berm in
its entirety and thus allowing water to migrate freely across the property line.
Although this would be the easiest option for me. Maybe we can work together to
find a mutually beneficial solution to this issue.
In Conclusion:
Whether water did or did not cross into your property from the area of your
encroachment prior, during and/or after your encroachment is an issue that you seem to
believe is debatable. But it is not.
How or whether,your alterations affected the direction, size and or velocity of this point
of migration, is also not a debate that I am willing to take part in.As the decision to alter
the landscape in this area was again,yours and yours alone. I will not allow you to hold
me accountable for the consequences of the alterations you made on my property.
That you illegally encroached and performed unauthorized alterations to the landscape
of my property in this area is a matter of fact.Your encroachment, and any alterations
you made were not authorized by the previous property owner or me.
As the area of your encroachment and subsequent alterations, is also the low point of
our shared property line. Logically,this is the point where water has and will continue to
naturally migrate between the properties, as water tends to flow downhill.
It is a fact that water must be able to naturally migrate from my property to yours, but
due to the obstructions on the shared property line,the only point the water can migrate
at this time happens to be in the area of your encroachment.
It is now clear to me that we will have to add points at which water crosses from my
property to yours, and I am still open to reasonable discussions, ideas, and solutions
that benefit us both. But the natural flow of water between the properties can not, and
will not, be impeded any longer.
Seeing that there is an obvious need to work on how to improve the current water
migration situation,the practical place to start would be for you to rectify the issues
stated in items 2 and 3 of this letter. Doing so will immediately ease the issues you are
having with concentrated flows of water and possibly curb the continued flooding and
standing water issue I am having.As to the"Man-made"Berm" noted in item 4, its fate
have yet to be determined, and I look forward to your input and solutions to the issues it
has created for me. Make no mistake,this berm is an obstruction of the natural water
migration between our shared property line and it cannot continue, and a viable
solution must be found or the berm must be removed.
Pa:�= .f 6
As water always has and will continue to migrate downhill,from west to east across the
property lines. Your property is downhill and lower than mine,you can expect such
migrations to continue.
The fact that the location of your encroachment, and subsequent excavations, also
happens to be the same area in which you take issue with in your complaints to me Is
ironic.This fact should motivate you to come up with a solution.Your encroachment
and subsequent excavations of this area and the other alterations along the property
line,which alter the natural migration of water stated in this letter, are the reason you
receive concentrated flows of runoff from my property on to yours.
Finally. Fact is,that there have been several alterations to the landscape of the property
line.These alterations have had a major effect on the natural migration of rain water on
my property.These alterations made to the property line from your side, and the issues
they cause are profound, and serious matters, and must be resolved. I would prefer if
we dealt with them responsibly, in the spirit of Aloha,with understanding and
compassion. But let me be clear, I am not required to, nor will I allow my property to
flood, for the sole purpose of satisfying your unreasonable desire to not have to deal
with the natural migration of water across our shared property line.
How I go about addressing some of the issues brought forth in this letter are still open
for meaningful discussion, and what I decide to do will depend on your willingness to
work with me on what I hope to be agreeable, mutually beneficial solutions.
I hope this letter clarifies my standing and intentions and has cleared up any
misunderstandings that you may have had.
Please respond within 30 days on your intentions concerning items 2, 3 &4 of this letter.
So as I may decide how I should proceed.
As always, please feel free to contact me at any time should you have any questions or
wish to discuss these or other matters further. Should I be unavailable you may contact
my representative, my father, Mr.William Frazier(Master Sargeant, USMC/USA Retired),
and he will relay your inquiries to me.
Sincerely
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4 :24....
William Frazier
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Pa_ f 6