Implied Utility Easement - Water And Sewage
Hello,
I bought a property in October of 2007 that was previously split into two parcels by one of the previous owners. my property is a 2 family house located behind the other property (an old garage/car wash) and we have an easement to use the driveway along the left side of their property to the main road. I believe we also have what would be an implied easement for a water pipe the runs underneath the garage to the town water.
The Garage was recently bought by someone who would like to reopen the car wash and make the front into a laundry mat. He recently told us that we would have to connect our property to the town sewage and also move the water pipe from under his property over to the driveway where our driveway easement is.
He told us he would do this work for us for $10,000. Personally, I can not write a $10,000 check right now, so we told him that we couldn't have that work done. He was quite upset.
Since the run in he has...
a) tampered with our water line (it has been shut off on three occasions)
b) cut our driveway into a slope rendering it useless, unless you have an SUV the car will bottom out on it.
c) dug about 10 feet deep right up to our property line - He dug out a portion of our leech field and then called the DEP complaining there was sewage exposed and we are threatened with a fine by the DEP.
I suppose I am looking for advise on how to deal with the situation as I have never been in a situation like this before...
a) do we have a case against him for tampering with our water, the driveway and also our sewer?
b) if we decide to get the sewer connected to the town line (since our altercation we found someone that will do it for $4,000 - Not including doing the water line) will we be able to take him to court to win that money back - we feel like he has bullied us into needing to get the sewer connected because the DEP says that current situation is not acceptable because he dug out our leech field.
c) Is he allowed to dig right up to our property line? I have heard about set back laws not allowing owners to build within 10 feet of the property line, is he allowed to dig that close to us?
Basically all we want is to keep what we had, a driveway that works, water that works and our sewer, which was just pumped 2 months ago and should be good for many more years...
Any advise you can offer would be greatly appreciated...
Thanks
Re: Implied Utility Easement - Water And Sewage
When you were asked to name your state of residence by the forum- what happened?
Re: Implied Utility Easement - Water And Sewage
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Quoting
LandSurveyor
When you were asked to name your state of residence by the forum- what happened?
Good question. As you were told when you posted, laws are different in each state. You make things difficult when you not only don't answer, but delete out the prompt reminding you to identify your state.
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Quoting
millerdr03
a) do we have a case against him for tampering with our water, the driveway and also our sewer?
Possibly. (I lean toward probably.) Take the deed showing the grant of the driveway easement to a local real estate lawyer, and get some advice as to your remedies under the laws of your (undisclosed) state.
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Quoting millerdr03
b) if we decide to get the sewer connected to the town line (since our altercation we found someone that will do it for $4,000 - Not including doing the water line) will we be able to take him to court to win that money back - we feel like he has bullied us into needing to get the sewer connected because the DEP says that current situation is not acceptable because he dug out our leech field.
Don't count on being able to make an improvement then charge your neighbor for the work. Talk to your lawyer first.
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Quoting millerdr03
c) Is he allowed to dig right up to our property line? I have heard about set back laws not allowing owners to build within 10 feet of the property line, is he allowed to dig that close to us?
You need to check your local zoning ordinances.
Re: Implied Utility Easement - Water And Sewage
Sorry I am first time poster, I must have somehow missed when it asked me for my state, I am located in New York.
Thanks for any help you can extend.