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.
At wits end!