Neighbors sewer pipe going through my lot

4 Replies

Hi

I bought a lot in a subdivision and got Permit for building a new home. When we started digging for basement we discovered that neighbors sewer line going from my lot(where my house envelop is) and Connected to my sewer tap. 

The neighbor house has a sewer tap, but they did not connect to it.

I called to County sewer department, health department, no one is coming forward to help.

The contractor who built the neighbors house did it unauthorized, the buyer is unware. The house is sold in Feb 2021.

Is the seller of the house liable to fix the issue? as it is within one year of sale.

Anyone had this kind of situation and how it got resolved.

I am incurring financial loss as my work is stopped.

what are my options now.

Appreciate your suggestions.

Thank you 

Reddy

@Thripura Vemireddy

You are definitely going to want to talk to an attorney at some point about this.  I would start with the agent who helped you buy the lot. Part of my services as an agent is providing risk management which includes a free legal consultation about any future issues that may arise. See if your agent has any service like this as part of their representation package.. If not, at least see if they can help you collect information about who the sellers of both lots are and the new owners. You will at least need to know who is involved to better understand how that could’ve happened. 

It sounds like the builder just messed up but it seems hard to believe the seller of your lot never knew they were trenching across your lot and hooking up to your sewer tap.

@Thripura Vemireddy Put the owner (and their builder) on notice. You have a legal right to do what you need to do, while giving the neighbor a Reasonable amount of time to resolve it. 
I assume you’ve talked to the neighbor, what is their attitude?   perhaps you can have your contractor give them a price for relocating the line. But at some point, you simply need to proceed with your work. No agency is going to solve it for you. 

The builder unlikely knew it happened, they hired subs and the builder isn’t there to watch them all the time....but he needs to fix it right away. 

First make absolutely sure there is not an easement for their line across your lot.  Were the two lots ever owned by the same person when the other house was built?  If so the tap could have been intentional.  It may be that the tap for their lot was uphill and would have required a pump, so that is why they went through your tap.  

Or it could just be a screw up. 

The other house's title insurance may pay for their fix, maybe.

Thank you all for your suggestions.

@lynnette

Lynnette, you are spot on, the two points you asked are exactly correct.

1. The two lots were owned by one owner.

2. The neighbors sewer tap is pump and my lot is gravity.

I dont see any help from county, I will talk to the attorney and see what is my next step.

Thanks

Reddy