Septic Tank Property Line Dispute

[phoebe3141]

What is the name of your state? North Carolina

My father owned a home and a business which the buildings were built 70 ft apart from each other. Since he owned both the home and business on one lot he put the gas hookup on the business and the septic between the business and the home. He passed I inherited the home brother inherited the business. The court order shows a survey with a property description that is to be the house's property line separating the business from the house.

Brother sais the gas and septic belong to the shop. Rather than argue I purchased a new gas unit attached to the house and a septic tank. Due to the distance being so close between the home/business I need to put a privacy fence up as I intend to rent the property.

Brother wants me to give him the house which he can't afford to buy and I can't afford to give to him. So, brother is doing everything he can to make renting/selling the house impossible. He has put up signs right next to the property line saying a mobile home park is coming soon, shot a riffle on the property line when a real estate agent was viewing the property, tied his pit bulls up right on the property line. He actually told me he was intentionally sabotaging any efforts I made to rent/sell the house so I needed to just give him the house because he would be certain I could do nothing else with it!!!!

Installing a privacy fence would greatly reduce his ability to harrass any tenant I obtain as well as encourage a tenant to want to rent.

The problem is the septic tank is located under the property line. It is only 18 in. under the dirt so I will damage the tank if I try to put a fence over top. Brother sais he isn't willing to move the tank, that I can't move the tank without his permission since it is also located on his property, therefore I can't put up a fence!

The sheriff recommended I put up a fence and advise brother he is not to enter property for any reason and if he does so it is tresspassing in an attempt to keep his negative behavior at bay. Therefore, the fence is meant to have a clear boundary line so granting an easment for him to gain entrance is not desirable.

I would really appreciate any suggestions on how to resolve this matter. The estate has taken 2yrs to get out of probate due to brother's being difficult. His view, if he can't have it all he will make everyone's lives hell

I would like to move the septic tank. My thoughts are to send him a letter stating I plan on installing a privacy fence on this date and he is to have the septic removed from the property line and put on his property by this date or I will have the septic tank removed from the property completely.

Any thoughts on how I can stop his sabotage? The probate attorney said it was the local sherriff who would handle these issues, the local sherriff sais it only handles noise/tresspassing issues

Thank you so much for any thoughts on the best way to handle this situation

 

[HuAi]

How about installing the privacy fence away from the property line so it doesnt puncture the septic tank. You can fight it out in court for the next 3 years over the septic tank and nothing may come of it, he may be allowed to keep it because it has been in place for so long. But you will have privacy in the short term.

If you go this route, then issue your brother written permission to use the land on the other side of hte fence and record it with the county recorder so he cannot adveresely possess your land years later.

 

[FarmerJ]

If your going to give written consent then make sure you have a atty draw it up for you and talk to the atty about including conditions where for example the tank or entire system is in failure and must be replaced OR where consent to use it is withdrawn when city sewer becomes available and local ordinance requires the hook up to public systems. It may take some time but one of the 2 things are likely to happen some time in the future.