My question involves real estate located in the State of: New York (Upstate)
Neighbor owns serval parcels plus his current house which are all adjacent to my property and is proposing to get hooked up to the town’s sewer line that is located further up the street.
We are all currently on a septic system, mine being the youngest as my house was built fairly recently (~10 years) and it is fully functional and healthy. His septic system is a much older (closer to ~30 years) but he doesn’t have any issues with it as far as I know. He is interested in developing several houses on those empty parcels I’ve mentioned earlier and sell them as homes with town sewer system (vs septic).
Now the situation is; in order for his house and his future developments to be connected to the sewer line, he must have the line run all the way down the street through my property into his property and his future homes. This means that I would have to provide an easement to the town for the line that goes through my property.
The issue is this: He had put together the entire plan and is now asking us and another one of our neighbors for money. Something between $5-10K each…
The other neighbor pretty much said something along the lines of: Eff this, I don’t have any money for any of this at the moment, keep me out of this and put a cap on the pipe that would lead to my house so at a later date, when I get money, I would pay to connect.
For my case, although I understand the benefits of being connected to a sewer line vs septic, I also didn’t ask for any of this, and unlike my other neighbor who said “eff this” I would also need to give a portion of my property to get this done for the neighbor who wish to build houses and sell them for profit as part of his business.
So the bottom line here, you can clearly see the leverage I have here in order for him to get this project started, as going through my property to get to the rest of his parcels is a prerequisite. And no, there is NO other way around it, we looked!
So that being said, there is no way in hell I’m paying that much for this project that would primarily benefit his interests. And YES, I understand that being hooked to the town sewer has its benefits but I don’t feel like it’s fair for me to pay this “equal” $ towards this project when I’m the only one in the block giving away part of their property in a form of an easement to the town to get this done.
What are my options here? I want to be fair and avoid causing any bad blood between neighbors but also protect my interest. My septic system is fully functional! Should I pay nothing, grant the easement and ask for a capped line? Is it reasonable to ask him to pay for my hookup fees as a monetary compensation for the easement that I’m giving away (which no other neighbor has to do)?
Options\advise\recommendation are all welcome. I’d love to hear what you guys\gals think.
Some helpful Info that might help with you response:
No, I am NOT required at the moment to provide an easement by the town or anyone else for that matter. He is fully capable of installing septic systems in the newly developed homes. There are no ordinance by the town that prohibit septic systems. It is a matter of negotiation at this point.
No, the argument of “you will increase the value of your home” is invalid to me as I don’t plan to sell my house ANYTIME soon and besides, our house is located in a very good location and is also within one of the best school districts in the area. People have approached us with offers and it’s not even on the market. Having septic vs. town sewer doesn’t seem to stop people nor it is becoming a “deal breaker”.
And No, there is no other way for him to get the line to his property, well I shouldn't say none-at all, I guess he could go half a mile around the hill and get a line from there but that would probably cost him half a million dollars.