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Rights of Septic Drain field draining on property - No recorded easement

Discussion in 'Easements & Right of Way Law' started by jpjhereford, May 30, 2017.

  1. jpjhereford

    jpjhereford Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    We purchased land adjoining our existing property. The neighbor at the end of the driveway has been mad ever since and has done everything in his power to cause issues. We have found out his drain field runs under our driveway. We plan to put up fencing to stop him from using our driveway for his own use and know that this may interfere with his drain field. There is no recorded easement for this to be where it is because it was all one farm 50 years ago. His septic was recorded in 1965. Can we legally make him move it off our property so his sewage does not drain on our land or go under our existing driveway?
     
  2. army judge

    army judge Super Moderator

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    I suggest you speak with a good real property lawyer in your county before you do anything.

    If you make one mistake, you may be paying someone other than the party you contract to complete your proposed work.

    There are many ways what you describe can be quite legal and NOT recorded on your deed.

    It might be recorded on the deed that it impacts, or acquired some other way.

    Only a judge can order another entity to do something.

    If you order him to do something, he'll probably just laugh, I know I would, or I might simply ignore you.

    I respond to all subpoenas and summonses.

    I then have my day(s) in court, and very often nothing changes for me, legally.

    Again, seek a real legal consultation before you do anything, lest you might regret it far more than you can imagine.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    It shouldn't. At least not unless you are going to dig a trench that slices through his drain lines and you certainly don't have to do that to put up most wood or chain link fences.

    Do you have $10,000 to spend? $20,000? Cause that's what it's likely to cost you to hire a lawyer and litigate before you can MAKE him do anything.

    Meantime, it's been that way for over half a century. Why do you have this overwhelming obsession to engage in a pissing contest with your neighbor? Why not just leave it alone?
     

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