Grey water and Leach field

[rbredford]

I bought a property with house and acreage. I own a house along the street but own the 37acres behind as well. Upon clearing and fixing fences Ive noticed two very wet areas behind the neighbors house on my side of the fence. Their grey water and septic leach fields are on my property. I cannot have my sheep or grow hay in this area until it is fixed. What legal standing do I have to get them to move it on their property? Their was no easement on the deed.

 

[army judge]

You should discuss this with a real estate lawyer.

It's very complicated.

The doctrine of laches could apply.

Or, the alleged offenders could already use a defense of "adverse possession".

As a new owner, you don't know enough to say unless you do some research (or have it done).

You may find out that they own some portion of the land through adverse possession, or assert such a claim if you push them to do something too fast.

There are many affirmative defenses to most civil wrongs (torts) actions.