Neighbor connected to our property's sewer line
Member since 2023 · 6 posts · 7 votes
Hello - We just purchased an investment property to fix n' flip. We knew we had to repair a section of the sewer line. The contractor re-scoped the line and we now see that a neighbor's sewer is connected to our line which then runs directly to the main sewer line. This house is in Denver, CO. Per Denver code, each building must have its own separate line to the main sewer line. I think we need to inform the neighbor that they need to disconnect from our line and install their own separate line to the City's main sewer. I'm not seeking any conflict with the neighbor but when we sell the house, we do not want any issues during a buyer's inspection. Also, we have to repair the portion of the line that they are connected to. I question also if we should be requesting them to pay for a portion of the repair? Any thoughts or advice appreciated. Thanks!
@Maureen M., take a step back and think about it a little. There was a time long long ago (not really that long) but before the ordinance you're talking about existed. Since sewer lines are often in place 100 years or more, this combining of sewer lines likely predates the ordinance. So, them being connected is likely a grandfathered condition.
This type of situation is fairly common where I live and where the housing stock is older and especially because often family's built multiple homes next to each other and perhaps even on the same parcel.
If things were done properly, there would be a recorded easement giving the other property owner the right to repair/replace their portion of the sewer line if needed on your property. That wasn't always done, but your state's laws likely cover that scenario as well because it was in existence for so long.
So, likely their line connecting the way it does is acceptable although not meeting current requirements and likely you can't make them change it. At most if there is nothing recorded about this situation you could consult a real estate lawyer about documenting this.
I would think there should be a written easement recorded as I stated above and perhaps a maintenance agreement for the shared portion of the line to split costs repairing/replacing that portion of the line.
This is exactly the kind of thing city building inspectors live for. Let the city be the bad guy, go talk to the building inspector and get them on the job.
You will need to be a project manager on this to avoid it taking forever. Stay in close contact with the inspection dept. and make sure it doesn't get stuck.
@Maureen M., take a step back and think about it a little. There was a time long long ago (not really that long) but before the ordinance you're talking about existed. Since sewer lines are often in place 100 years or more, this combining of sewer lines likely predates the ordinance. So, them being connected is likely a grandfathered condition.
This type of situation is fairly common where I live and where the housing stock is older and especially because often family's built multiple homes next to each other and perhaps even on the same parcel.
If things were done properly, there would be a recorded easement giving the other property owner the right to repair/replace their portion of the sewer line if needed on your property. That wasn't always done, but your state's laws likely cover that scenario as well because it was in existence for so long.
So, likely their line connecting the way it does is acceptable although not meeting current requirements and likely you can't make them change it. At most if there is nothing recorded about this situation you could consult a real estate lawyer about documenting this.
I would think there should be a written easement recorded as I stated above and perhaps a maintenance agreement for the shared portion of the line to split costs repairing/replacing that portion of the line.
Like others said, check with the city first. Don't make assumptions. They could have gotten an easement or it could be grandfathered in. In some situations that can be the only way for a property to tap into the City sewer - waste flows downhill so sometimes the only option is to cut through someone else's property or share their line. Esther way, the City is the only one who has the power to make that decision.
Thank you all for the good responses which are helpful. We are communicating with the City to figure out next steps. Wonderful to have a resource like this group to get ideas. Thanks!
I had a house in Cheyenne that had connecting sewer lines. More common than you'd think in older homes. Sounds like you've made the right next steps!
Like others said, check with the city first. Don't make assumptions. They could have gotten an easement or it could be grandfathered in. In some situations that can be the only way for a property to tap into the City sewer - waste flows downhill so sometimes the only option is to cut through someone else's property or share their line. Esther way, the City is the only one who has the power to make that decision.
@Ryan Normand, actually wastes flows up-hill as well. Sometimes people have a home downhill of a street and below the level of the sewer line. So, they have a grinder and pump to push the sewage from their home to the street.
Like others said, check with the city first. Don't make assumptions. They could have gotten an easement or it could be grandfathered in. In some situations that can be the only way for a property to tap into the City sewer - waste flows downhill so sometimes the only option is to cut through someone else's property or share their line. Esther way, the City is the only one who has the power to make that decision.
@Ryan Normand, actually wastes flows up-hill as well. Sometimes people have a home downhill of a street and below the level of the sewer line. So, they have a grinder and pump to push the sewage from their home to the street.
This is true! Perhaps I was oversimplifying. There are a handful of creative, alternative options out there but I think the bottom line is that sometimes the city will allow people to get easements or share sewer lines if they deem that to be the most reliable and cost effective option. I think it's very situation dependent.
Like others said, check with the city first. Don't make assumptions. They could have gotten an easement or it could be grandfathered in. In some situations that can be the only way for a property to tap into the City sewer - waste flows downhill so sometimes the only option is to cut through someone else's property or share their line. Esther way, the City is the only one who has the power to make that decision.
@Ryan Normand, actually wastes flows up-hill as well. Sometimes people have a home downhill of a street and below the level of the sewer line. So, they have a grinder and pump to push the sewage from their home to the street.
This is true! Perhaps I was oversimplifying. There are a handful of creative, alternative options out there but I think the bottom line is that sometimes the city will allow people to get easements or share sewer lines if they deem that to be the most reliable and cost effective option. I think it's very situation dependent.