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FairnotFear
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Joined: Mon Sep 26, 2016 10:37 am

Easements and easy money? or Easy does it?

Tue Sep 27, 2016 1:34 pm

HI,

I am new to this forum.  I recently found out that my neighbors sewerline goes directly under the edge on my property and yet there is no agreement registered on our or their titles.  Since it is mostly in the setback area, do I have a chance of being compensated?  It does not run under any major structure.  Do you think it will have a devaluing effect on my property?  The location of the pipe was unknown to both of us when we each purchased.  
I am interested in learning from the wealth of knowledge on display in this excellent discussion forum.
 
Harahomes
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Joined: Fri Apr 22, 2016 7:36 am

Re: Easements and easy money? or Easy does it?

Thu Sep 29, 2016 12:50 pm

More info would be nice,
When were the houses built, any new add ons by your neighbour.
How did you find out the line runs down your property line 
 
FairnotFear
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Re: Easements and easy money? or Easy does it?

Sat Oct 01, 2016 12:33 pm

Thanks,
No new add ons by the neighbour. 
Both properties were built in the mid to late 60s and looks like following the removal of their septic system, they were conected to the sewer mains in the early 70s.  Both properties have changed hands multiple times since.  We brought ours 6 years ago, the neighbor 3 years back.  Council have no record of the permit.  The problem was discovered when their sewer backed up because of a blockage.  We gave them access to replace a small section of pipe that had been root damaged.  Until that time, we had no idea.
 
Harahomes
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Posts: 79
Joined: Fri Apr 22, 2016 7:36 am

Re: Easements and easy money? or Easy does it?

Sat Oct 01, 2016 1:22 pm

"Since it is mostly in the setback area, do I have a chance of being compensated?"
I don't think your are eligible for any compensation because it straddles your property and not on your property.  Even if it was on you property you could take your neighbour to court and ask him to remove it on his dime, and then fix your yard.  Be then again what would you get out of it?  also you would need to survey the property to determine it is in fact on your property.

"Do you think it will have a devaluing effect on my property?"
It will not devalue your property.  Only time I think it would be an issue would be if your house was being demoed and the pipe was exposed.  Even it if was damaged during demo it is your neighbours responsibility to repair it because it straddles your property.  Similar situation happened to me when I demoed a property.  The neighbour has built part of his shed on my land along with his garden.  Since it was a new construction it had to come down.
 
The sewer line might straddle your property because the connection for that property to the city line may be at that point.  It always makes sense to run a direct line to the city connection. 
In my opinion you should not worry about it unless you want to demo your house, if that's the case get your neighbour to replace it.

 

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