Septic Bed on Neighbors Property

[andreaplustwo]

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

Our neighbor wants to build a fence on the property line (hers is a vacant lot) but it turns out it is right on top of our septic bed. Can we prevent her from building the fence? The septic bed has been there for many years and we do not have the land size to accommodate a new up to code septic bed.

Thank You,

 

[tranquility]

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

Our neighbor wants to build a fence on the property line (hers is a vacant lot) but it turns out it is right on top of our septic bed. Can we prevent her from building the fence? The septic bed has been there for many years and we do not have the land size to accommodate a new up to code septic bed.

Thank You,

The question really has to do with if you have obtained some right to the land where your septic bed rests. Adverse possession or some type of easement. Since land issues get so complex, to try to enforce any potential rights, you need to see a real estate attorney if you want to fight the placement. In order of things I might consider if you really, really cannot move the bed.

First, get a survey to make sure where the deeded line is. You might have a search done to see if any easement was granted in the past for your bed. Then, if you are on the neighbors property (by survey), you might offer the neighbor some money to allow it to stay there and to not put up a fence. Finally, an attorney to threaten and follow through with a lawsuit to obtain the property if the facts fit.

Each step will cost money. But, without them, you really can't stop the neighbor from putting up a fence.

 

[FarmerJ]

At one time were these two parcels owned by the same person ? ( then split into two lots at some point ?) Just so you know have you called your county government center to learn exactly what they will allow for any or all types of septic system should you have to get a new one?

 

[xylene]

You need to contact a septic engineer, because septic fields don't last forever anyways and building an engineered compliant system that fits in your property boundaries may be your best option depending on the condition andage of the bed and lots of other factors...

I mean you could fight an expensive legal battle, and then still have to make the new field. Honestly, you will eventually have to make this new field.

 

[FarmerJ]

The other reason to call the county to get information could be that your county will no longer allow on site septic systems to be located on someone elses land when the system fails.