Land is Subsiding Due to Neighbor's Septic Tank, Placed on My Property

[mjdalton45]

My question involves property law in the state of: Massachusetts.
My neighbor has their septic tank under my driveway. I didn't know this when I purchased the home/property in 1983. My driveway is slowly sinking. I only found out about the septic tank when I was out there measuring the driveway and my neighbor came out and told me his septic tank was under it. My question is who is responsible for the repair/removal of his septic tank which is apparently about to become a major catrostophe. This sitution is progressing rapidly so if anyone out there can point me in the correct LEGAL direction concerning this matter so I may obtain the LEGAL PAPERWORK concerning this matter I would be graateful.

[DavidForthoffer]

When you bought the property, the title company should have prepared a report showing all current easements and other covenants affecting your property. Was the septic tank mentioned there?

Your neighbor may think about claiming the portion underground used by his septic system is actually his, based on adverse possession claims. But I think such claims need "hostile" possession, which defeats that argument.

If he lacks any easement permitting that use of your property, you can sue him for the tort of trespassing (by his effluvient).

[jk]

was their an easement or permissive use from a previous owner of your property? If so, what was the agreement or rights per the easement? What has the neighbor said to the issue? Is this an actively used tank?

[mjdalton45]

There was nothing about any septic tank listed anywhere in any paperwork. The lawyer who handled the purchase of my property did not even know about the tank under my driveway. Cannot find anything about the tank in any documents and problem will arise going to town hall and physically researching the property of my neighbor and myself (small town where everyone knows everyone elses business when it's not their business)This is a situation where the first move on my part must be the definitive move i.e CHECKMATE.

[jk]

well, depending on what the neighbor says or does, there may be no checkmate. Depending on how the tank ended up on your property, who is responsible could vary. If he had no right to put the tank on your property, the neighbor is responsible for the situation. If the installation was permissive, it gets a little less clear.

What is the neighbor saying about the issue? Surely he has to realize that if the tank is collapsing his septic system is about to quit working. That could be a major problem real soon and it could happen overnight.