Prescriptive Easement? 30+ yr old sewer line crosses under private vacant land

[1stAmericanAgnt]

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

I have recently discovered that a house I have in escrow has a sewer line that runs across a vacant land behind. Through inspections, we discovered that our property was not on septic but on city sewer that was connected over 30 years ago. No easement has ever been recorded and neither owner had prior knowledge.

How should I approach this situation? We are currently in escrow and my Buyer does not want to move forward with purchase unless we fix this issue. At this time all parties are aware of the sewer line running across vacant land. This sounds like it qualifies for a PRESCRIPTIVE EASEMENT but need to know how to move forward with Land owner.
Vacant Land owner wants us to buy his land or has threatened to rip out sewer line.
What are our options? What is recommended? What information should we gather if my Seller decides to file for a PRESCRIPTIVE EASEMENT claim?

Thanks,

 

[tranquility]

http://www.lawlink.com/research/CaseLevel3/65590

 

[LdiJ]

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

I have recently discovered that a house I have in escrow has a sewer line that runs across a vacant land behind. Through inspections, we discovered that our property was not on septic but on city sewer that was connected over 30 years ago. No easement has ever been recorded and neither owner had prior knowledge.

How should I approach this situation? We are currently in escrow and my Buyer does not want to move forward with purchase unless we fix this issue. At this time all parties are aware of the sewer line running across vacant land. This sounds like it qualifies for a PRESCRIPTIVE EASEMENT but need to know how to move forward with Land owner.
Vacant Land owner wants us to buy his land or has threatened to rip out sewer line.
What are our options? What is recommended? What information should we gather if my Seller decides to file for a PRESCRIPTIVE EASEMENT claim?

Thanks,

If I were your buyer I would certainly consider buying the other piece of land as well and combining the parcels.

 

[tranquility]

If I were your buyer I would certainly consider buying the other piece of land as well and combining the parcels.

Why? While we don't know all the facts, it is possible there is no problem.

 

[FarmerJ]

Have you spoke with the city the home is in to learn if they require water & sewer lines that cross thru another persons property to be relocated when they fail so that way the home owner with the line in failure has to arrange for & pay for a whole new tap that does not cross another persons land. since redoing this line could mean a lot of extra work . IS there city water and sewer connections that this home could reach in a city street with out crossing any other persons land ?