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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Public Sewage Easement Neighbors Property

    I purchased a lot in West Virginia. At the time of purchase I was under the assumption that it had access to Public Sewage, since it is in the city limits and the town has public sewage. Preparing to build I found out that the only access to public sewage would be gravity fed at the property line on the neighbors property below my lot. I contacted the person that owns the property and he does not want any lines going through his property. He also told me that anything I do on my property with impact his since it all slopes downhill. In a nut shell he doesnt want me to build above him. Subsequently I contacted the WV Public Service Commission which initially told me that I had a legal right to public sewage. The WV PSC inquired with WV American Water about an extension. The results came back that it was between me and the land owner below me to work something out. In this area I must have at least 2 acres to put in a septic tank which I dont have. So currently I am making payments for a lot that I cant use.

    Any help would be appreciated.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Public Sewage Easement Neighbors Property

    As your lot is unbuildable, it might also have been unmerchantable.

    I would get with a local attorney about going back on the seller.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Public Sewage Easement Neighbors Property

    While your at the lawyers office as Landsurveyor suggested, ask about condemning the neighbor's property to get the required access to the sewer system. After you get the neighbors attention it may go a little better. Can't be the first time this has come up. I am somewhat surprised the public sewer company didn't handle this to begin with.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Public Sewage Easement Neighbors Property

    Land Agent: Your suggestion is likely not going to happen. This is a civil matter between two private parties. The new owner needs to check with his title insurance company and then pursue the seller not the neighbor. It is not the neighbors problem. This was probably a land contract with no closing or title company. The buyer did not complete his due diligence. If the buyer is outside the City limits most counties in WV (Go Mountaineers!) do not have zoning ordinances. It may well be that the seller has a "right" (define "right" - the only rights are in the Constitution) to a public sewer connection, but that "right" can not trump the neighbor's "right" to private property and the enjoyment of said private property. It is more than just burying a sewage pipe. It is the destruction of the grade and natural contour of his property and the loss of use within the easement.

    The neighbor is looking for money in exchange for an easement. Very normal. What has been offered?

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Public Sewage Easement Neighbors Property

    I'll go back to my original advice:

    Get an attorney.

    Go back on the seller. It's up to him to settle the problem with what he sold you and deal with the neighbor, all at his own expense.

    The last thing you need is an unbuildable lot and ten years struggle with it.

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