Implied Easement Septic Lines

[berry]

Jurisdiction

California

My brother and I inherited two adjacent properties from our father in Monterey, California. We each received a separate parcel. My parcel has a septic tank in which the leach lines(drain lines) extend onto my brother's property. I have learned that since the septic tank leach lines have been on my brother's property for over 10 years, I have an implied easement. My brother does not agree and threatens to sever the "lines". How do I obtain a written easement and record the document? Is that feasable?

 

[army judge]

How do I obtain a written easement and record the document? Is that feasable?

You'll need to consult with a lawyer to know your options definitively.

You might need to have a survey done, or do some research at the county recorder of deeds office.

 

[adjusterjack]

I suggest you start by tracing the title history as far back as you can go and see if the easement is already recorded.

If not, you will have to go to court to make it official.

If you don't want to spend that kind of money it might be more feasible to sever you own leach lines on your side and relocate them to your own side of the property line.

If you want to do that then you can just wait until your brother makes good on his threat and if your septic malfunctions as a result you'll have to sue him.

Under the circumstances, none of your options are good ones so you'll have to choose the best option of the bad ones.

PS: Posting the same question in another thread gets the duplicate thread deleted. Please don't do it again.