plumbing easement

[sirius1042]

In 2005 we had a major plumbing problem, upon repair we found out that our sewage pipes were not up to code, and that our neighbors sewage line was illegally connected to ours and also out of code, and none of the sewage lines are within the described easement for our property. In short the problem has still not been corrected. In the process of researching we have found that the two houses on the other side of the offending neighbor have a combined sewage line that dumps into a river down the road from us. We have tried to do everything we can to get things resolved. We paid a fortune to get our sewage line up to code, and after a bit of a fight we ended up offering up a new easement across the middle of our property for the other residences to be hooked up for proper sewage treatment. Now we are being told that the two neighbors who's sewage is being dumped in the river are being given an option to have their new sewage lines put in through another easement across our property( so we end up with three easements...the original, set up for sewage and electric where neither the sewage nor the power line run through, and easement for our immediate neighbor and now this new one.) in which WE will be held responsible for any maintenance cost if something goes wrong with their sewage line as it runs through our property. This is all coming from the engineering and health departments in our county. Is this legal, is there anything we can do?

 

[lwpat]

I fail to see how they can hold you responsible for maintenance of their sewer lines but you could be liable if you damage them. The county can condemn an easement but they cannot otherwise "make" you give one to your neighbors. You need an attorney to look over what they propose to be sure you are protected and that the unused easement is extinguished.

 

[sirius1042]

New info

Right now the sewage line for the two neighbors, on the other side of our immediate neighbor, is a 6inch corrugated drain tile that is draining into the river but also in all the properties it passes through and is located 30-40 feet away from the proclaimed easement. It was been this way for 30+ years. However none of this was disclosed when we bought the house 10 years ago. We found out about three years ago, as a result of the investigation with trouble that started with the immediate neighbor. The health department is stating that there is an easement by default because the sewage line has been there for 30+ years, is this true?

 

[lwpat]

Yes it is true. You may have a claim against the person who sold you the property if you can find them.