Easement woes continue - can I be forced to move my sewer line?

[Graphics23]

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?

 

[dee_dub]

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?

Yes, unless you can succeed in establishing a prescriptive easement. From what I understand of the facts, it sounds like you stand a pretty good chance of succeeding in proving a prescriptive easement.

I would continue to refuse to pay for part of a survey. If he wants his property surveyed, he's entitled to do so and pay for it himself. First he's asking you for legal advice, now he's asking you for assistance with his property - what a cheapskate!

 

[Graphics23]

The land survey has discovered that the sewer line is not located where the deed establishes the easement.

Due to my home being at the top of a hill and surrounded by ledge, the sewer line where it passes through the neighboring property is entirely above ground.

What recourse do I have if the contractor takes it upon himself to dismantle my sewer line?

Also, is it possible that the original owner (who also built the house and the sewer line) is in any way liable since he did not build the sewer line in the correct area in the first place?

 

[dee_dub]

What recourse do I have if the contractor takes it upon himself to dismantle my sewer line?

I would talk with him before push comes to shove. You DO have an easement, and you ARE entitled to have a sewer line running through it. How much difference does it make to him exactly where it is? Maybe you trade your old easement for a new (correct) easement and throw some money at him - would probably be cheaper than rebuilding your sewer.

If not, you could apply for a TRO and for a prescriptive easement. You might not win but you could tie things up for a bit.

Also, is it possible that the original owner (who also built the house and the sewer line) is in any way liable since he did not build the sewer line in the correct area in the first place?

Maybe. This also might be a job for your title insurance, if you have any.