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Prescriptive easement on sewer pipe

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ggp25

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

My property and my adjoining neighbor's property share a sewer line that runs through my property before connecting to the city sewer line.

My neighbor's property has direct access to the city line but the shared pipe running through my property has been in place for at least 30 years, and all permits for the line are on my property (his does not have a permitted line). Neither title includes an easement. The two properties have been distinct lots on city plot map, but have had the same owner for much of the two properties histories.

The pipe is now broken in many places under my property and needs to be replaced. I've had trouble working with my neighbor as he has wanted to do the cheapest possible maintenance while I would like to replace the line as it's the more long term choice.

My neighbor has agreed to split the cost but is requiring that I sign an easement. I don't want to give him an easement without an addendum that states I have full decision making power, because of his history of wanting to go with the cheapest possible solution on everything.

At this point I would like him to get his own direct line so that we can both maintain our property as we choose, but he is claiming a prescriptive easement.

I do not have money for a long legal battle and would like to know the easiest way to have the issue of prescriptive easement determined. Is it possible for a body to rule that he does not have the easement and order him to get his own line? Estimate on cost of this process?

If we do attach an addendum to the easement and both sign will those terms supersede easement law and prevent a prescriptive easement from being established?

Thank YouWhat is the name of your state (only U.S. law)?
 


justalayman

Senior Member
t.

.
as to the prescriptive easement: part of the requirements to make a claim is the use is notorious and it is adverse to the owners intent.

In your situation, it would appear that if it was not known the pipe was there, it would not be notoriious. If it was known, it would appear the use was permissive. Permissive use can be revoked.

]If he won't agree to your terms, run a new line from your house to where if connects to the city, using a y connection if necessary and abandon the old line. Do not allow him to connect to it. I would also not allow him to install a new line on your lot either. So, he can stay connected to the old line that is broken and must be replaced.
 

FarmerJ

Senior Member
Simpler yet contact your city public works dept , to start with if your city uses tap card system they will easily see there is no tap card on file for his address if you give it to them but first ask them if they have a ord in place now that requires a property that had been on a older shared tap to provide a new tap connection from their own property IF the shared line has failed. Then ask if the city has a program that pays for emergency sewer line installs due to failure of old ones and ties repayment to the taxes( so your neigbor can apply for it) Fair odds are the city no longer allows shared lines and if thats the case they may well also require new connection , new tap servicing each property and require that tap to be made from each lot when each lot has frontage to the city lines . If this is the case then your off the hook and able to tell the neighbor ` you know theres a ordinance now that wont allow us to share a tap so Im not able to let you hook on to my new line , youll have to make arrangements to get your own tap out front from your own lot` as you hand them the city public works number. If its all addressed via ordinance then there is no legal fight since there would be nothing to fight about.
 

drewguy

Member
]If he won't agree to your terms, run a new line from your house to where if connects to the city, using a y connection if necessary and abandon the old line. Do not allow him to connect to it. I would also not allow him to install a new line on your lot either. So, he can stay connected to the old line that is broken and must be replaced.
If he remains connected to a line that goes under the OP's property, he'll end up with a sewage pit on his property. Just cutting off the line isn't itself a solution.

Start with justalayman's approach, and then report back if that doesn't get the result you want.
 

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