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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Neighbor's Sewer Lines On My Property

    I purchased my home approximately 2 years ago. My neighbor has been having plumbing/sewer issues for the last few weeks. I came home the other day to find my back yard dug up so he could re-route his sewer lines. He did not ask my permission to come into my back yard and dig it up. Thats another issue. Someone mentioned something about an easement and that this neighbor would have to pay me for having his sewer lines on my property. I really don't understand how to go about this. And is it a one time fee or a monthly fee?
    Thanks

  2. #2
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Neighbor Sewer Lines On My Property

    If there is no easement and you did not give your permission how about calling the police and getting a report and having your neighbor cited. Tell him to remove it now and pay for damages. Nice of them to ask don't you think. If there is an easement get a copy and read it. You should get damages either way. Let us know.

  3. #3
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Neighbor Sewer Lines On My Property

    I am a 23 year old single female and this is my first home. I am finding a lot of things out the "hard" way! How do I find out if there is already an easement in place?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Neighbor Sewer Lines On My Property

    Does your owner's title policy show an easement on your land for the neighbor?

    Are the lines government owned or is this a private sewer?

  5. #5
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Neighbor Sewer Lines On My Property

    1) If there is an existing easement on record he would have the right to dig within the bounds of that easement to repair, replace, or re-route the sewer line.

    2) If there is no existing easement recorded and there has always been a sewer line there, it might be ruled that an easement has existed and does exist under either implication, prescription, necessity, etc.

    3) You can check yours and his deeds and addendums at your county registry/recording office and see if an easement has been recorded in the past.

    4) EDIT: As seniorjudge asks above, there may also be the possibility of a utility company easement, which may or may not be recorded, but is generally still enforceable.

    If you find he has no right to dig or run a sewer line underground on your property you have several options.

    Do nothing.
    File trespass charges.
    Grant an easement.
    Grant an easement for a certain price.
    Demand and/or sue him to remove the line.
    Demand and/or sue for monetary damages.

  6. #6
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Neighbor Sewer Lines On My Property

    I am unsure of the answers to most of those questions. I will start digging for answers right away and get back to you. Thank you everyone for all of your help.

  7. #7
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Neighbor Sewer Lines On My Property

    You might start with the closing papers on your house. It should be or might be listed, at least if there was a recorded easement document. You might just go ask your neighbor whats going on and see what they say. Don't agree to anything. Fact finding. 4eyed makes 4 very valid points. It sounds like drain lines for a septic tank system. In which case in some states, the local building inspectors get involved. Permits, etc.
    You asked if there was a one time fee or monthly fee. You neighbor by the look of it doesn't want to pay at all. If it is septic tank drain lines I would not want them on my property. You might need to re-route yours someday. Good luck.

  8. #8
    Join Date
    Mar 2008
    Posts
    20

    Default Re: Neighbor's Sewer Lines On My Property

    What state are you in? Are these lines just running through your property or do they empty on yours or someone else's property? In Texas it is illigal to have your sewage on someone else's land. My neighbors were dumping their sewage and grey water on my land and all I had to do was call the local office of the water commission of Texas. They are taking care of it for me. Again, it is illigal here but I don't know where you live. My neighbors are going to have to put in a whole new sewage system or they will be fined until they do.

  9. #9
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Neighbor's Sewer Lines On My Property

    Hi everyone! I am in Idaho. There is no existing easement. The cops will not cite him because the damage he caused to my property was not malicious, therefore it is a civil matter, not criminal. His sewer line runs through my backyard into the alley, where it then dumps into the city sewer. The city will have no involvement because they say it is between the property owners. Plumbing code says that he needed to fill the old sewer lines with sand, and do an air tight test on the new sewer lines, which he neglected to do either one. He was very quick to back fill the trench which was about 60 feet long, starts out at a 4 foot grade and goes to an 8 foot grade. He didn't compact it or haul in any extra dirt, which common sense tells me that over time I will have a big pit in that area as the ground settles. What steps should I take now? Do I need to hire an attorney?

  10. #10
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Neighbor's Sewer Lines On My Property

    If he has no legal right to have them on your land and he didn't have the common decency to even ask, then I would tell him in writting he has 10 days to remove and repair to as good or better or be sued. Or you can get an attorney now. I don't think he will do a very good job removing it. I would get his attention most likely thru an attorney.

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