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My house was built in 1954. There is a lot next door that had a small house on it, but not for 20 years. Someone is building a huge house on it now and noticed that my sewer line is a foot onto their property. I have a sewer line clean out in the middle of the yard. Apparently in the 50s and 60s they were a lot more lenient on property lines. As it is now, my line is a foot onto the neighbors line and they want it moved. Moving it will cost thousands.
Do you guys think I am grandfathered in or will I really have to move it? It literally does zero to impact my neighbors, but "property lines are non negotiable" in some cases. Would this potentially be something the city would handle? I don't have 10k to blow on this project, unfortunately.
I'd suggest consulting an attorney that handles real estate issues like property line disputes, and do it quickly. The fact that they've already said they want it moved indicates that they mean business. Good things do not come to those who wait in this type of situation.
They aren't pressing me to do it now, but eventually. I will have to call a lawyer I guess. Just wondering if anyone had any ideas on what I'm looking at.
From my limited research it looks like I have an implied easment, seeing as its been there for 60 years and neither of us knew about it. Well see what a lawyer says I guess.
From my limited research it looks like I have an implied easment, seeing as its been there for 60 years and neither of us knew about it. Well see what a lawyer says I guess.
Playing devils advocate
How can it be implied easement if neither of you knew about it? As your neighbor I would want it moved simply for the liability reasons. What if it breaks due to ground shifting/age/wear who fixes it. It's your line but on my property. Where does your or my liability start and yours end? Who pays for the clean up and repair? Why would I want any responsibility (no matter how slight or intangible) for something that should be located on your property.
What if roles were reversed? Would you be ok with possible responsibility for something like this?
I would like to know the answer you get just for future knowledge.
I'm not a legal guy, so I'm just reading and assuming right here. It's exactly 8 inches on his side, I just measured it. Having it dug up and moved would be close to 10k, according to what I've read.
I can see it both ways, but the fact it's been this way for 60 years must account for something. I am all for doing what's right, but if it has zero effect on my neighbor I don't see any harm. I would obviously pay for any issues arising from the line. I know it won't get ugly, but I still would rather be prepared.
A 60 year old sewer line is bound to have issues. The old style pipe of the era is often clay tile pipe and prone to root infiltration and cracking. It might be a good investment to lay a new line in any event. I would not remove the line from their property, just lay a new line on your own. If they wish to remove the obsolete line they are certainly free to do so.
It should not be that expensive to trench and drop a new line in place and pay a plumber to do the connection, especially if they do not have to extract and dispose of the old line.
Pay the 2 cents and have a new line installed on your property. Remove the old line. Then be done with it and relax.
Note a good portion of this expense is digging. Good exercise to do that yourself or hire a laborer at minimum wage to do it. Dig the trench where the new line will go, and dig up where the old line is. THEN get estimates for the rest of the job, should be a big savings there.
Are you sure the line is not shared with the 2 houses ? Some housing developments in the past would share the line to the street between 2 adjacent homes .
That or there may be an old easement that covers it.
Have you consulted with the local building authority or sewer dept ?
Are you sure the line is not shared with the 2 houses ? Some housing developments in the past would share the line to the street between 2 adjacent homes .
That or there may be an old easement that covers it.
Have you consulted with the local building authority or sewer dept ?
I have an appointment Tuesday with the sewer department. The nice thing is that it's the exact same company who put the line in originally. They have been in business for 80 years. It's 100 percent my line only. The only issue now is the fact it's 8 inches on my neighbors side. If I do need to move it, I guess there's no need to cry about it as it is old anyways. I'd just assume not rush into it.
I just realized I forgot to mention that the neighbors are only after me to address it within 5 years. They plan to stay for 5 years then move. As it is now they have no issues, but there's no telling how long they will be cool with it. I'm all for doing what's right, so I won't make their lives hard.
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