All Forum Posts by: Sean Barry

This is a huge overreach on the part of the government. As a property owner one of the few rights I enjoy is to do with the property that I pay for, maintain, and pay property taxes on is to choose to whom I rent the property. If I have had a negative tenant experience (late payments, hostility, drug use, damaging property, etc) one of the options available is for me not to release. I incentivize my tenant to be a better tenant as they know I have the right to not release to them and they generally don’t want to go through the hassle of relocating. I really cannot figure out what the state here in Colorado is trying to achieve in stripping property owners of that right. 

@Bruce Woodruff Fair points and thanks for your excellent comments.  You are probably spot on in terms of your age estimates for the home...I did mean 1900's.  The clay line while in good shape apart from where the previous owner cracked it has been happily working.  I agree that now is the time to "get 'er dun".  

For anyone who reads this in the future my understanding at this point is that I have probably have an implied easement but not a prescriptive.  Still not sure what rights that would give me or anyone and maybe only a judge would decide that. I am going to be working to make sure it does not go that route. 

@Bruce Woodruff  I hear you....on one side my hand is being forced by his actions and the other is to see this as the opportunity it is and get done now what would have to be done soon enough.  I hear the wisdom in what you are saying...this is in both my and my neighbor's best interest to iron this out now.

@Bob Ritner Thanks for the insight. This is why forums are so great...you get the benefit of others hard won experience and you share it so others will benefit.  We had the line located and at the moment it looks like it would lie directly where the footer will go...no bueno. If we move the line outside the perimeter of the new garage with overhead living space (not exactly sure what he is doing) I am assuming there is no problem in the pipe handling the compaction (I believe we mostly use SDR 35 here) under the portion that would be a mini driveway or apron?  If we move it 6 feet away from the footer we would be in the public right away along a storm drain in the alley (there is no sewer main there) and then it could possibly tie back into the existing tap but I'm not sure we will get the fall we need once we swing wide for the alley and then go back to the tap. Going the alley route would eliminate the hassle and cost of an easement. As for getting him to "play ball" the chief building inspector is involved in all this and I will ask him tomorrow about the City's requirement for a sewer easement in his plans in order for him to move forward.  I really am not trying to be "that" neighbor this guy has just done a few things that I won't detail that have made me shake my head and I want to proceed cautiously here.  This has all the elements to turn into an epic s%$#show and I don't just mean a cracked sewer.  

Hi Bruce.  I respect your opinion but I am not sure I agree.  Should everything that is old get replaced?  I own a good number of rental properties...some have new roofs..others old.  Some have old walkways or older plumbing...or older gutters. Should I replace all of those things because they are old? I generally replace things at the end of their service life. Even though I outright own most of my buildings and have very little debt I would not normally replace this line until it's time had come.  The cash flow in my business generally does not allow me to go around fixing everything to make it new.  Because he is "moving up the date" I would think he bears all of the cost or part of the cost.  The line works today and probably has a good number of years left on it.  It is happily working in its location and from my perspective here comes a guy that wants to build over it.  Not only is he going to possibly destroy it he is going to make it real hard to trench up in the future.  These are his action that are causing this and therefore I think he should bear the cost.  Admittedly, I might be willing to kick in something due to the age of the line but I would like him to at a minimum pay part of it.  I should add this is only my opinion....I have not had a situation quite like this one before. Thanks to everyone for their help on this. 

@John Mocker  Thank you for saying that John....I guessed that was the case.  I am going to double check to see if there is a recorded easement for the sewer on my neighbor's land.  If the title company missed that then their insurance would most likely cover moving the line. 

@Chris Seveney Thanks for your insightful points.  I particularly like your last point because of the truth in that statement...it is going to enrich the attorneys and leave us having to make the repairs anyway.  I couldn't prove that the owner before damaged the line and I won't be able to prove it in the future if the current owner damages it.  I am guessing the smart play is to offer to split the cost of installing a more resilient line and try to get a written easement that has been reviewed by an attorney and offer to split this cost as well. 

The other option is to move the line to the north and run it along the public alley.  This would involve a significantly greater cost because a new tap at the main would need to be installed and a pit would need to be dug to cap the abandoned tap.  

Regardless, through this discussion the path forward has become more clear....now is the time to replace the line.  He will want it done to avoid damaging it during his construction or the possibility of it failing on its own and our need to exercise our right to dig it up for replacement.  I want it because I need a solid working sewer line for my tenants and I do not relish trenching through someone's garage floor.

@Justin Winn @Chris Seveney Thanks to both of you guys for bringing up the idea of talking to the city regarding a requirement to upgrade the sewer as part of his building permit. He did pull a permit but he has not informed the building department of the existence of the sewer.  I will check in with the building department official this week and get their opinion.  

@Sergey A. Petrov  I did not say it was a shared line.  No offense to you but you made that assumption.  He has a separate line that leaves his home and taps the main. My line stands alone and crosses the back of his property. 

@Henry T. I like your sense of humor but I would not agree that your opinion is valueless...quite the contrary. I have spoken to an attorney briefly when this issue first came up and he was of the opinion that regardless of the age of the line that my neighbor would be responsible if he damaged it. He also mentioned that I would have a prescriptive easement and would be able to trench thru my neighbors yard to replace the line. Of course I would be responsible for repairing my neighbors garage floor or driveway.  And this possible scenario just highlights why we would want both want to resolve this before he builds.  I still feel that my sewer line has many years left on it and he is initiating this action and therefore he should pay for it. I am considering your opinion that I should play nice and just get to work.  Maybe tomorrow morning will have me seeing this from a different perspective, not sure. 

And I did do the research when I bought the property. I have known of the line and it's routing since that time 20 years ago.  I knew where it traveled then as I do today. But if you have a working but delicate antique car and I hit can I say the problem was the delicate nature of your car.  My sewer line works and if he damages it...then that is on him or at least that is the way I am seeing it. Totally open to anyone who wants to add to this especially on the legal aspect. Thanks to everyone.

I apologize in advance for the long post but I want everyone reading this to have the details. I have a turn of the century triplex in old town that is fully occupied.  My sewer line for this property exits out the back of the property, turns and runs for about 70 feet on my property and then runs across the back (and total width) of my neighbor's property before hitting the main located in the street.  My neighbor has informed me that he is going to be both expanding the footprint of his home and building a 3 car garage on the back of the property and will be breaking ground in about 5 weeks.  The garage portion of his build would partially go over my sewer line whose depth is about 4 feet for the section on his property.  He is building the garage as "slab on grade".  The owner before him installed a flagstone patio and immediately after we had a backup.  I had the line camera-ed at that time and located and the damage was directly under the newly installed patio.  Because I could not prove the damage was not there before I wasn't able to do anything.  The current owner is making all sorts of  statements, "because the line is damaged (I told him what had happened) the City will make me replace it (there is no evidence that they would) and therefore he shouldn't have to." I do not believe any actual easement exists but it is my understanding as the line has been there for a very long time (it is clay so I'm guessing 60 years or more I have either a prescriptive or implied easement).  I assume that if this line is not replaced prior to construction the construction will almost surely collapse or damage it and I do not think I am being alarmist or paranoid.  If it was damaged from the simple tamping of the dirt and install of a flagstone patio then a grader and concrete pouring will very probably collapse it.  The line definitely should be replaced in the portion where the construction is going to take place.  I want some opinions on who should pick up the cost on this.  From my view he is initiating the action that will threaten the line and therefore should pay for it.  If he doesn't replace the line and builds over it and it is damaged by him I am guessing he will need to pay for the repairs and possibly house my tenants for the time it takes to make the repairs.  Furthermore if he leaves the line and I need to repair it in the future I would have that right....something I would definitely not want done in my new garage and driveway.   I would like to hear some opinions on this and I thank you in advance for your constructive thoughts. 

Loren.  I am looking for a little reinforcement/information for some ideas I have for a wiring project I have on an investment property.  Are you still answering electrical questions?  Thanks! Sean