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  #1  
Old 10-31-2009, 10:47 PM
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Neighbor wants easement


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

My neighbor (with my verbal permission) tied into my rain drainage pipe on my property 6 years ago. Now out of the blue he wants me to pay to have a survey done an have me pay to put an easment on my property to allow him access to my property! I want him to remove the connection from my pipe (which is 1 foot on my property). How can I do this with the proper paperwork to have him remove it? Meaning instead of telling "remove it please" I would like to have paperwork telling him he has to, legally
  #2  
Old 11-01-2009, 12:34 AM
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Send him a written note revoking permission to tie on to your drainage and give him a reasonable time period to disconnect.

DC
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  #3  
Old 11-01-2009, 01:36 AM
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Send it via confirmed mail delivery or certified mail, and yes as the other reply said it can be very plain wording as along as it has your name and address on it and your signature and BTW you do not have to pay anything related to giving him a easement of any kind for his pipe to connect to yours, My first guess is he finally asked because maybe he is thinking of selling and wanting to tie up loose ends.
  #4  
Old 11-02-2009, 07:21 AM
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Originally Posted by FarmerJ View Post
Send it via confirmed mail delivery or certified mail, and yes as the other reply said it can be very plain wording as along as it has your name and address on it and your signature and BTW you do not have to pay anything related to giving him a easement of any kind for his pipe to connect to yours, My first guess is he finally asked because maybe he is thinking of selling and wanting to tie up loose ends.

I was figuring that (him selling) too. The only problem/issue is after getting to know this person over the years, he is a very sue-happy person. He sues for just about anything from damage to other appartments ceiling because of a faulty toliet (happend to my freiend that was renting off of him) to trying to sue potential tenants for backing out of a verbal acceptance of renting (no writen or signed contracts). It goes on and on and on. The district magestrate hates this person severally!

See my concern?

Thanks!!
  #5  
Old 11-03-2009, 10:49 AM
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Does anyone have any suggestions?
  #6  
Old 11-03-2009, 12:16 PM
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Not sure what more you are looking for. You got an earlier suggestion how to notify him to remove his connection.

Let him run his own drainage pipe to the street. That's not your problem, and you aren't under any obligation to solve his problem or give him an easement.

Or, you could price an easement at 43K which I'm sure he'll find it cheaper to have someone backhoe his own drainage.
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  #7  
Old 11-03-2009, 03:23 PM
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Send the letter as described. Give him 30 days to remove the connection to your pipe, and remind him that he cannot simply terminate the pipe at your property line (or near it) and let the water flow onto your property.

He has no basis for a lawsuit to compel an easement. The only possible claim he could make is for some sort of adverse possession. However, since you gave him permission, he fails on that requirement so any other aspects are irrelevant.

If he's selling his house, he won't be looking for a long fight in a lawsuit, so I would not worry too much about it.
  #8  
Old 11-04-2009, 09:17 AM
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Quote:
Originally Posted by drewguy View Post
Send the letter as described. Give him 30 days to remove the connection to your pipe, and remind him that he cannot simply terminate the pipe at your property line (or near it) and let the water flow onto your property.

He has no basis for a lawsuit to compel an easement. The only possible claim he could make is for some sort of adverse possession. However, since you gave him permission, he fails on that requirement so any other aspects are irrelevant.

If he's selling his house, he won't be looking for a long fight in a lawsuit, so I would not worry too much about it.

Thanks!! Perfect!
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