Drain Field on neighbors property

[chris49348]

What is the name of your state? Michigan

The neighbor behind me is complaining that my drain feild is on his property.
I have a signed inspecton report from ther health department, but the drawing doesn't show the property line.
Isn't there sanitary codes requiring the system to be so many feet away from the property line, and if so and the inspector signed off, does my neighbor have a case???

Thanks for your time.
Chris

 

[CALGON_ANYONE?]

What is the name of your state? Michigan

The neighbor behind me is complaining that my drain feild is on his property.
I have a signed inspecton report from ther health department, but the drawing doesn't show the property line.
Isn't there sanitary codes requiring the system to be so many feet away from the property line, and if so and the inspector signed off, does my neighbor have a case???

Thanks for your time.
Chris

Get a survey of your property.

 

[HomeGuru]

What is the name of your state? Michigan

The neighbor behind me is complaining that my drain feild is on his property.
I have a signed inspecton report from ther health department, but the drawing doesn't show the property line.
Isn't there sanitary codes requiring the system to be so many feet away from the property line, and if so and the inspector signed off, does my neighbor have a case???

Thanks for your time.
Chris

**A: yes, there are health and county codes regarding drain fields. But, these codes and regulations do not automatically give you approval to encroach upon your neighbors land.

 

[alligatorob]

I have put in several septic tanks and had several inspections. The health department is not looking for your property line, they are looking for proper installation, adaquate length of pipe, things like that. Not your property line. Some places do have set back requirements, but in my county in North Florida we do not, you could go right up to the property line. I would guess that if the installation were obviously over the line, like through a fence or something the inspector might object, but he will not be doing a survey.

How does your neighbor know that your drainfield is over the line? Is it? This can be hard to know you would have to dig it up and then to be sure the drain field was connected to your spetic tank. Older houses often have multiple old abandoned drainfields around them, when a new one goes in it is rare the old one gets dug up. Old septic tanks on the other hand usually are destroyed or removed.

good luck,

A R

 

[nextwife]

Code and permit inspections do NOT necessarily deal with survey issues. It is up to the homeowner making improvements that could potentially encroach to verify boundary and setback line locations and improve accordingly.

This is also true of deed restriction issues. It is NOT part of the building permit process in many municipalities to verify whether building plans may violate the particular deed restrictions that affect that particular parcel.

 

[chris49348]

What I have found out is that the area was once own by a developer and that my house was buitl before the land was parceled off. So, there was no property line when the drain field was installed.

I finally went out and dug up the two corners of the pipes closest to the property line and found one corner about 18 inches on my side of the line and the other corner about half of the pipe crosses the line. The neighbor says he doesn't really care about a couple of inches but, is worried that if he ever want to sell his house that he would have to disclose that information.

My new question is, do you think he would have too??

Thanks for all your time.

Chris

 

[HomeGuru]

What I have found out is that the area was once own by a developer and that my house was buitl before the land was parceled off. So, there was no property line when the drain field was installed.

I finally went out and dug up the two corners of the pipes closest to the property line and found one corner about 18 inches on my side of the line and the other corner about half of the pipe crosses the line. The neighbor says he doesn't really care about a couple of inches but, is worried that if he ever want to sell his house that he would have to disclose that information.

My new question is, do you think he would have too??

Thanks for all your time.

Chris

**A: all that needs to be done is to have both you and neighbor sign an encroachment or easement agreement and recording this agreement on title to both properties.

 

[chris49348]

Who or where do I get the agreements at?
Do I need a lawyer?

 

[HomeGuru]

Who or where do I get the agreements at?
Do I need a lawyer?

**A: real estate lawyer.