Neighbor's broken sewer pipe causing smell in my basement (insurance, lawyer)

[Werdywerd]

NYC DEP came by to test the moving water collecting in my sewer clean out plug catch and confirmed the smelly sewer water is coming thru the ground into my basement catch when the neighbor flushes her toilet by using a dye in her toilet and it appearing on my side of the house.

We live in a row house (common walls)

After trying to speak with the neighbor nicely, she says she cannot afford to fix, she never paid for the sewer line insurance.

We have been dealing with the sewer smell and waterbug (roaches) due to this for over 6-8 months.

DEP told us the health department would force them to fix, but haven't.

What is my next step here?

The neighbor is a ***** and you cannot talk to her without her catching an attitude so we stopped talking.

[antinimby]

Assuming she is at fault, lawyer up and take her to court.

[Werdywerd]

Originally Posted by antinimby

Assuming she is at fault, lawyer up and take her to court.

Well the sewer pipe is cracked under the sidewalk due to age and/or roots. Ours (which is right next to hers and the same age as hers) was replaced last year and it was completely broken. NYC DEP says most likely she has the exact same issue that she needs to fix.

Only difference is that I paid for the Sewer insurance so the fix was quick and painless for me.

She decided not to buy the insurance and now they told her it is a $12,000 fix. When she heard that she said "Nope"

So no it's not her fault per se as far as why the sewer pipe needs repair, but it is her fault for not getting the insurance and her fault for choosing not to fix it.

What's even worse is that she has the same leak in her basement and same smell (spoke to her downstairs tenant) and she still refuses to do nothing. BUT she has $$$ to renovate her upstairs bathroom just this past week..... She had contractors in and out of the house

[antinimby]

What she does with her money is none of your business. If she is responsible for fixing the bad pipe, then that's the only issue that should concern you.

Again, if she is legally responsible for fixing that pipe, then you do that through the court, assuming she will not fix it.

[Werdywerd]

Thanks

[froglipz]

Health department should be able to get some action going.