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  1. #1
    Join Date
    Sep 2016
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    Default Can You Claim an Implied Easement for a Septic Field

    When a father passed away, he left two adjoining lots to each of his adult children. One parcel has a septic field with leach lines that extend onto the neighboring property. The septic field needs to be repaired. The child who needs to fix the septic field wants to assert an implied easement. The other child wants to enforce the property line. Will a California court recognize an implied easement for the septic field?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Claim an Implied Easement for a Septic Field

    Assuming that the septic field existed prior to the inheritance, then the child has a reasonable chance of proving easement rights if the matter goes to court -- but there are other considerations, most significantly the cost of litigation and the impact on family relationships. If the sibling who would be forced to allow the septic field fights the issue, the cost of litigation can be considerable and can have a significant, negative, long-term impact on the relationship between siblings who may well be living next door to each other.

    If the sibling with the septic field wants to try to force the issue, that sibling should consult a property lawyer for a review of the full facts, in order to get a sense of both the probability of victory in court and the probable cost of litigation. That cost can be weighed against the cost of a septic field repair or replacement that would no longer require the field to cross the property line.

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