Septic Tank Problem

**shanlp30** · 04-05-2010, 05:58 PM

We bought our house in 2005 with no knowledge that our septic tank was on our neighbor's property. After moving in and meeting our neighbor, he informed us that it was over the property line. No problem was ever expressed, it does not disrupt anything, it's underground, and has been there for MANY years. 2 years ago the owner moved, and land contracted the property to another. The new tennant has known about it all along, and has just this week, questioned the property line, and trees that are clearly on our property, and started a physical fight with my husband (I would like to add that he is a very heavy - daily drinker who was extremely "under the influence" at the time). Now he is being spitefull, and angry and telling other neighbors that he plans to (this Wednesday), to dig up our spetic tank. He also went onto our propert the night of the dispute and cut down our fencing, and our no-tresspassing signs. I did some research on easements, and would like to know if my septic tank falls under the "prescriptive easement", or an "implied easement". It has been there and in use for many many years, and thru many occupants. What can I do about this? This man has been a problem on and off since he moved in and we have never done anything legally about him (calling the police), because we really don't want a war with the neighbors, but this has gone on long enough, and we don't know how else to protect our property.

Thank you,

At wits end!

**LandSurveyor** · 04-05-2010, 06:19 PM

Attorneys really do not cost that much money when it comes to dealing with a drunk/obstreperous/nutcase neighbor.

If the septic tank was originally placed on property owned by the former owner of your property, there may be an implied easement.

The threat by your neighbor to "dig up" your septic tank is hilarious. At that point all of your raw sewage would be flowing onto his property. What is he going to do with your former septic tank? He doesn't have the money to dig it up most likely. And if it was originally permitted by your county he probably can't touch it without their permission.

But get an attorney on this right away. An unstable neighbor is something that can't be solved here.

**shanlp30** · 04-05-2010, 06:31 PM

Thank you for your response. The "raw sewage on his property" is what we chuckled at as well, but apparently now he will be "cutting and capping" our line (if that makes sense). I think he's mostly just full of hot air, but he is a resentful, spiteful person, and I really don't put any stupid behaviour past him. I'm curious as to what actions can be taken against him if he actually goes thru with this. Will we be left having to put in a new septic system at our cost because he destroys it, or will he be liable for the cost of replacement?

thanks again!!

**LandSurveyor** · 04-05-2010, 06:48 PM

You are in a situation where you need a local attorney to help you sort this out.

I recommend that you no longer communicate with the nutcase neighbor other than in writing through your attorney. A new septic system will be thousands of dollars, and that is what you might be facing at this point. My guess is that your hostile neighbor would rather have your septic tank stay where it is, rather than spending thousands to get it removed.

But get an attorney and have a talk.