Neighbors Sewage connected on our property issue.

[Mrso]

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

We have a sewage line break recently and is in the process of being replaced. The problem arose when the plumbing company dug up and said we have a y pipe line connecting from our neighbors sewage line to our side sewage line. The city's DEP says we are suppose to have our each individual line. But my question is if we fix the line and refuse to have their line connected to ours, can they sue us for not connecting their line back on my property? Thank you in advance for your help.

 

[FarmerJ]

You have not said where the line is needing to be repaired BUT Ill do it this way, IS the shared part of the tap what is leaking ? If that's the part that is leaking then I imagine if you further involve your city then the city can force that other home to also have a new tap made also . SO what part of the line is leaking and is the shared line right on the lot line between the two homes or not ? ( If it is not then whose lot is the shared part on ? )

 

[FarmerJ]

If the leaking line is totally on your property yes I suppose they may well try to sue you but in court when you show the court the city ordinance that required each of you to have your own tap once there was a line failure where the line had to be dug up then of course they would have to show the court why they were exempted from this ord.

 

[LdiJ]

What I would be the most concerned about is leaving them without a sewer while this is being battled out. That makes their home uninhabitable. If the neighbors are not informed of the problem and/or they do not have the money to immediately fix the problem its going to put them in a world of hurt. If it turns out that this was a permissible situation originally and is grandfathered in, then it may put the OP in a world of hurt.

I would certainly NOT disconnect them from the sewer without talking to them first and consulting a local attorney, and then giving them fair warning if the attorney says its ok.

 

[FarmerJ]

What id like to know is if the OPs city has sent to the other house a notice telling them now that the line is in failure they must re do the line so they are on own tap or not. In many cities they do have assistance available for water line replacements since repairs don't always mean total replacement of the line. OP you should contact the city to learn if the neighboring house has been notified by the city of the ordinance that requires this change. when the house next to one I owned was going to be torn down its owner knew the sewer tap was shared ( my property connected to sewer in the basement next door ) he had not told the demo company who were taking the house down so when I called the city they sent someone out right away and made sure the demolition company took steps to protect that line but the OPs situation is different and im betting if the city has already told the OP of the new ord then its fair odds they must have contacted the other property owner too. I cant imagine why they would not. If nothing else maybe the OPs city will work a deal to allow the other property owner to wait until spring / frost is out of the ground and the OP can just go forward with the repair with no fear of legal action.