Neighbor's Problematic Sewer LineAcross Our Property, & it Wasn't Disclosed to Us!

[kaymudt]

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

Our house was built in the 50's and there have been three owners (including us). We purchased almost two years ago and the people we bought from (Smith) owned it for less than a year.

Our neighbor's sewer line runs from their property under our house and meets our line (in a "Y") in the middle of our front yard and then goes to the street. In talking to the city this was common in the 50's. There's no easement and this wasn't disclosed to us when we purchased. We found out the hard way about a month after we moved in when our roots clogged the neighbor's pipe and their sewage spilled out on to our yard. Welcome Home!

We talked to the Realtor about it as soon as it happened, and supposedly the Smiths knew nothing about the pipes. The original owners had both passed away and the property was sold to the Smiths by their children. (The neighbor confirms that they didn't have to snake the pipes while the Smiths owned the house.) In going through some owner's manuals that were passed down from the original owner, we found drawings and documentation about the sewer pipes, and the neighbor told us that there was a verbal agreement between them and the original owners about snaking the pipes once a year because of the roots on our property.

Here's the problem: The neighbor is a pain! She's rude and doesn't want to pay for snaking which has to happen about once a year (apprarently the original owner always took care of it), although we got her to split it with us when we had to snake. She claims it's our problem because it's our roots that are clogging her pipe. Our biggest concern is that we now know about the pipe and will have to disclose it to a future buyer, and to be honest, there's a good chance that we wouldn't have purchased the house if we would have known about the issue. I don't want to "go after" anyone, but at the same time I feel like we've gotten kind of screwed. Ideally we'd like the neighbor's line moved, but I don't think the city will do it, and I know she won't pay anything to have it done.

Is there anything we can do?

[FarmerJ]

First , learn from your city what changes had been made to local ords regarding shared sewer taps. What you want to learn is if the city now has a ord that requires a home who is currently sharing a sewer tap and has a line that goes into failure if the homes are required to be on there own taps to the main sewer line. AND you want to learn if the line from the Y to her home fails and she must replace her line all the way to the street if your able to just cut and cap the line once it is replaced. ONCE you know that information your able to make plans accordingly so if you sell you are able to disclose every thing to a new buyer as well as well as informing them what the city ord is. (re check before listing) BTW also take the time to check with your water dept to learn if each home has its own stop box as well. If the city ord will not allow repairs to be made to the line if it fails from the Y to her home then send her a copy of the ord via certified mail, BTW if you can put up with the job you can rent a sewer auger that has root cutting blade for about 1/3 the cost of having a service do it.

[FarmerJ]

BTW if the line clogs again even if the clog only affects the neighbor while your homes waste water goes out just fine then remember that if they complain , Also learn from your city if you must install a check valve to stop back ups from coming into your home.

[kaymudt]

Thanks. It's a huge help to know what questions to ask..!

Unfortunately, the nieghbor's clean out is right by the property line and when it backs up their sewage is in our yard before they even notice it in their home....so it's definitely to our advantage to get the pipe snaked! Otherwise, your absolutely right -- they could complain all they wanted...

[Ozark_Sophist]

So raw sewege backs up on their property and runs onto yours?

Sounds like your neighbor is responsible for damages to your property, including environmental clean-up crews, etc.

Call and get some estimates (explain surface contamination involving 1000 gallons or so) to remove the contaminated waste and make your yard fit. There is probably a legal requirement as well. Let your neighbor know you plan on this action the next time it occurs and will hold her financially responsible because it is her waste and coming from her land. Put it writing and send it CCCR, so she can't claim she did not know the extent of the problem.

[FarmerJ]

Curious ? does it appear seepage comes up from the clean out? OR does it appear to be at some point between the Y and the clean out? If it appears to be the clean out it self then new question for city is , would she be required to use a rubber sealed clean out cap that when tightened creates a seal so waste water cannot come up thru it? ( if so then all the more reason if elevations are poor where your home would be at risk of back up into your home itself to install check valve to prevent back up into your own home. Also make sure you learn what the whole ord is regarding replacement line locations , because you would need to know if when the line itself from the Y to the street and the line from the Y to your home failed , requiring replacement If at that time too the city can require her to be on her NEW tap that is in front of her own property and if so then how much notice you would need to give her that your going to begin replacing the line. If you found you had to replace the line , what you would like to do is avoid her claiming any right to attempt to remain connected to your line or to claim a prescriptive right to use part of your property if she must replace it. Once in a while unfortunately there is no other way to be connected but to cross anothers property . BUT the more information you have the better your able to prepare.

[kaymudt]

Yep, raw sewage. Disgusting! It comes from the clean out itself which is right by our mutual fence..but it's an old fence (in style and functionality) and it runs right under. We're on a raised foundation....so it just went right under the house.

We talked to her about paying for our clean up costs but she absolutely refused since it was our roots clogging her line. Makes me crazy! Yes its our roots, but it's also our property! Hello!?

Anyway, it's about that time of year when I think this may all become an issue again soon (happy holidays!) , so I'm trying to collect my ammo. I'll sift through all the ?'s you guys suggested for the city and keep you posted.

Thanks again for your help!