Leaking sewer line, so he says

[j4bs4209333]

What is the name of your state (only U.S. law)? Massachusetts

I just bought my house about a year or so ago. I have had no drainage problems at all. One of the neighbors had told me that a few years back the 5 lots on the street all shared a main drain that connected to the sewer which runs under the neighbor's driveway. I guess at some point they all had drainage issues and every house except mine had their drains re-routed into a new main drain. I guess I am the only house left on the 100 yr old main drain. The neighbor came by earlier saying that the old drain system is causing his driveway to sink down in the middle. He for some reason thought I would be willing to pay thousands of dollars to get off that main drain and connect to the new one. My question is, does he have a right to try to force me off the drain line that runs under his property? It's a 100-yr old drain, he's owned his house for 25 years now, is it my problem that his driveway is settling? Does he have any right to just tear up his driveway and cut my pipes off? Sorry if that's a dumb question, I really have no idea if I am anyway liable for his driveway. Thanks

 

[strongbus]

If the drain is as old as you say it could be leaking and casuing issues with his driveway. As such he would have a right to fix it. Now as far as if he can force you to redirect your line to the main line on the street or if he would have to replace it and reconect to your line you would have to talk to a lawyer or your city's code enforcement deparment.

If he can remove it you might want to check if he would have to pay or help pay for the rediection of your line.

 

[Hole9yard]

is the drain is owned by the city or privet

 

[sally1]

You could run some dye in your plumbing to see if it is leaking. Our local health dept. will do a dye check if there is a complaint about a septic leaking in a neighbors yard.

Your neighbor does not have a right to tear it up and cut you off. What he can do is contact local city officials and complain.He can have people check things out,so he has proof. If your sewer is leaking the city would say you have to move to the new system.

Around us many are on old septics. If they sell or the septic needs to be worked on then the city can require a completely new septic system,or they give the option of connecting to the sewer line.

 

[NC Aggie]

Well it's going to depend on whether there is an easement...I'm sure you may try to argue pescriptive easement if there isn't any kind of recorded easement for this line. I know in the municipality I formerly worked, we forced new properties that were annexed into the City to either tie their lines into the main in the right of way or have an easement recorded if it extended across private property.

 

[j4bs4209333]

I'm not really sure if it's owned by the city or private. It runs into the city sewer so city owned I guess? I searched the online deeds and his deed doesn't list any easements. At one time back in the 40's all the houses on my street and also his house, were part of one estate. When the owner passed away in the late 70's the estate was sub divided and sold individually. What is now his driveway used to be a private way, a dead end street and that's where the sewer line is located. My house used to have an address of Hawthorne terrace, but when the lots were sub divided my house and the guy's next door became Tacoma St. It looks like someone built our houses backwards, our front doors are on the back of our houses. The guy's driveway looks like it's about 20+ years old. Isn't it possible that the driveway just settled down in the middle? I don't know why he is saying it's because of the sewer line.

 

[strongbus]

OP the neighbor migth think its the drain if there is water coming up form under the driveway where it is sinking. If there is then he might be thinking tha the old drain is leaking. If this is the case then the ground around the drain would be weak and sink under the weigth of the driveway and cars driving on it. The drain going form your house to the drian under his driveway could be working fine but if the main one is damage it is going have to be replace or removed to fix his driveway.

Now weather he can remove it and you have to reroute your line to one on the street or if he has to replace it and reconnect to yours is going to depend on your local city codes for this. If its still in code to route drains like this he may have to replace it. But if the codes say that all drains must run form the house to the street one then you might have to reroute yours to the street one.

Its quit common for cities to change the codes and still let older ones stay but say that if something goes wrong then stuff must meet current codes.

 

[John_DFW]

If faced with choosing to spend money between obtaining a prescriptive easement on a 100 year old sewer or routing a new sewer line, I would go for a new one.

I think normally this would be the cities issue, but the history of the lot division may cloud that.

 

[NC Aggie]

...The guy's driveway looks like it's about 20+ years old. Isn't it possible that the driveway just settled down in the middle? I don't know why he is saying it's because of the sewer line.

Well a certain amount of settlement is to be expected over an area or trench line that was backfilled but I would have to see pictures to say whether or not it's normal settlement. However, it's pretty common for sanitary sewer and storm lines to fail and severe settling or sinkholes are good indicators that some type of failure has occurred and it only gets worse over time. What happens is when the line is breached, then it causes soil migration into the line and creates voids around the area which causes the sinkholes.

 

[NC Aggie]

If faced with choosing to spend money between obtaining a prescriptive easement on a 100 year old sewer or routing a new sewer line, I would go for a new one.

I think normally this would be the cities issue, but the history of the lot division may cloud that.

Actually not, because most cities do not maintain service lines or laterals outside of the right of way. These types of issues are common with older developed properties and is one of the reasons why many cities are requiring parcels to be in compliance with current City standards prior to being annexed or subdivided and sold as separate lots.

But I agree with you, if this line is as old as the O.P. is indicating, it would be a good time to run a new lateral directly into the main. If it's failing under the driveway, it's possible that it may be failing at other junctions along the line or will fail in the near future.

 

[John_DFW]

Actually not, because most cities do not maintain service lines or laterals outside of the right of way.

I was basing that on the drive being a right of way at one point, but convincing the city to take responsibility based on how it was 40 years ago versus today is probably a lost cause. It might have met standards at the time the lot was subdivided.

Either way the city will be able to mark where they assume responsibility
and where the homeowner is responsible.

 

[justalayman]

However, it's pretty common for sanitary sewer and storm lines to fail and severe settling or sinkholes are good indicators that some type of failure has occurred and it only gets worse over time. What happens is when the line is breached, then it causes soil migration into the line and creates voids around the area which causes the sinkholes.

sounds like what may be happening.

If it is, the OP is liable for the repair most likely liable for the repair (unless they can somehow rope the city into accepting liability). If the line is damaged, it is likely an entirely new line will need to be installed. I doubt the city would allow a patch job on a line this old. It would be in everybody's best interest to install a modern plastic line anyway.

So, you might start investigating a route for a new line that does not run under anybody's drive. You will likely also need to speak with the city to find out where you can tap into the city line.

 

[j4bs4209333]

Thanks for the advise

Thanks for the advise. I guess I will price it out and be ready for it IF he decides to pursue it. I assume he's going to have to the city and/or courts involved, because I'm not going to willingly pay for anything that has no negative effect on me until I am forced to do so. I will now at least be ready IF/WHEN that happens. Thanks a lot.