Graphics23
New Member
Another question has come up regarding my easement, but since this is a different question I thought it best to start a new thread.
To recap:
I have an easement through a neighboring property the purpose of which is, "the perpetual right and easement to construct, reconstruct, repair, maintain, and operate a 10' wide private sewer line".
This easement has been in place for almost 30 years and I never had any issues with the people who granted the easement.
Recently the neighboring property has changed hands. The new owner is a contractor who plans to "flip" the property after renovations.
Here's the new issue:
The contractor is now claiming that the sewer line is not in the right place and has asked me to share the cost of having the easement surveyed.
My reply was that the sewer line has been in that location for almost 30 years, I have no reason to believe that it is in the wrong place and have no intention of sharing any costs.
I have read of what is referred to as a "prescriptive easement". My understanding of which in my case is essentially that if the sewer pipe has been there longer than the statute of limitations, and no-one has complained, it gets to stay there.
Given that the sewer line has been in its current position for almost 30 years, and assuming a survey discovers that the sewer line is not situated exactly as the deed describes, can I be forced to move it?
To recap:
I have an easement through a neighboring property the purpose of which is, "the perpetual right and easement to construct, reconstruct, repair, maintain, and operate a 10' wide private sewer line".
This easement has been in place for almost 30 years and I never had any issues with the people who granted the easement.
Recently the neighboring property has changed hands. The new owner is a contractor who plans to "flip" the property after renovations.
Here's the new issue:
The contractor is now claiming that the sewer line is not in the right place and has asked me to share the cost of having the easement surveyed.
My reply was that the sewer line has been in that location for almost 30 years, I have no reason to believe that it is in the wrong place and have no intention of sharing any costs.
I have read of what is referred to as a "prescriptive easement". My understanding of which in my case is essentially that if the sewer pipe has been there longer than the statute of limitations, and no-one has complained, it gets to stay there.
Given that the sewer line has been in its current position for almost 30 years, and assuming a survey discovers that the sewer line is not situated exactly as the deed describes, can I be forced to move it?
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