sewer line runs through neigbors property

[terracotta123]

What is the name of your state (only U.S. law)? California
Nothing is recorded in any country records that mentions an easement right but it has been there this way for over a 100 years. They are currently excavating their foundation and hit our sewer main that they accidentally discovered on their property. Now they want to get someone to move out the line without seeking our permission and likely without permits. What recourse do I have to stop them from doing this without my permission and without a permit. This is urgent as I have heard they would do this as early as tomorrow.

 

[Mass_Shyster]

Find a lawyer first thing in the morning, get to a courthouse, and file a temporary restraining order enjoining them from damaging your sewer lines.

 

[Kiawah]

And why would you really care, if in putting in a new foundation they have to redirect that sewer pipe slightly so they can get their foundation in?

If your sewer still works when done, and they get their foundation in, isn't everyone happy?

 

[drewguy]

^^

Yes . . . you possibly have a case for a prescriptive easement, although a buried pipe is hardly open and notorious. Let's say you could prove the necessary elements (100 years is certainly long enough). Why would the easement necessarily allow for a particular routing? Unless there's some reason why the specific routing is the only one what harm do you suffer if they reroute it?

Obviously the damage is a separate issue--they should repair it. But I'll bet if you go to court to fight this you'll spend money on a lawyer, repairs, and possibly rerouting the pipe entirely on your property.

 

[terracotta123]

And why would you really care, if in putting in a new foundation they have to redirect that sewer pipe slightly so they can get their foundation in?

If your sewer still works when done, and they get their foundation in, isn't everyone happy?

Thanks steve for your suggestion about getting a restraining order. Is that something I can go and get from the courthouse myself?
kiawah, I have no intention of holding up their work. In the perfect world, yes everything would work out fine after the lines were re-routed (the ideal circumstance), but in the face of their not having proper workmen (after all it was faulty workmanship on their part that resulted in them breaking our sewer main) and doing a mickey mouse job (no permission/permits) the result would be - you know what all over my basement?

Would the city do anything in this matter?

 

[HuAi]

I would start by calling the city inspections department and bringing their attention to this issue. If they're building a foundation without a permit that's dangerous not only for your sewer but also for all the subsequent buyers of the house, and the inspectors will want to have a look. Once permits are involved you can bring up your sewer issue as well.

 

[terracotta123]

They have a permit for the foundation but NOT to move my sewer line

 

[FarmerJ]

I they didnt have a recorded easement tied to the property when they bought it they would have found out if the line failed on its own anyway , you said its 100 yrs old if that old line ties into a clay tile line it is a matter of time before that fails too. With out giving away alot of details when you ask for the information. I think you should first learn if your neighbor has its own tap card on file with the public works desk showing that address as having its own sewer tap , then to look up your own address because if by chance these houses are on a SHARED sewer tap and there is a failure in the future your city / county might have new ordinances that REQUIRE you to relocate the line to be with in your own land or that you have your own tap even if it meant no other way to get to the public sewer than thru that property which would cost you money . Which will be alot more expensive than just letting them move the part of the line that is in the way.

 

[terracotta123]

Their property in turn feeds to the next adjoining property (ironically I am the owner of that one) which has a tap to the street. So basically, 3 parcels feed through a single tap. This may have been a subdivision back in the days of the yore. None of this is recorded anywhere. These properties are from around 1890 and the city of san jose doesn't have statutes requiring such modification as far as I have found out. If they give me a hard time with the property in question I'll block them out from my other property analogously and they will also have to bear the expense of tapping to the street.

 

[NC Aggie]

Their property in turn feeds to the next adjoining property (ironically I am the owner of that one) which has a tap to the street. So basically, 3 parcels feed through a single tap. This may have been a subdivision back in the days of the yore. None of this is recorded anywhere. These properties are from around 1890 and the city of san jose doesn't have statutes requiring such modification as far as I have found out. If they give me a hard time with the property in question I'll block them out from my other property analogously and they will also have to bear the expense of tapping to the street.

Well this actually may be the most opportune time for each of you to tap directly into the sewer main in the roadway. The sharing of a sewer lateral should be avoided at all costs unless their is a common property owner for all properties involved.

 

[Kiawah]

Their property in turn feeds to the next adjoining property (ironically I am the owner of that one) which has a tap to the street. So basically, 3 parcels feed through a single tap. This may have been a subdivision back in the days of the yore. None of this is recorded anywhere. These properties are from around 1890 and the city of san jose doesn't have statutes requiring such modification as far as I have found out. If they give me a hard time with the property in question I'll block them out from my other property analogously and they will also have to bear the expense of tapping to the street.

Yep makes sense, if you don't want to work together and just reroute the existing sewer pipe around the new foundation.

Have them run their house to a new tap on the street, and then you pay to run your house to a new tap on the street.

I wouldn't consider their workmanship 'faulty' if while digging their foundation they backhoe'd up your sewer pipe which nobody knew was there. You may want to use their workers to run your pipe to the street. All their equipment and workers will already be there, and you'd probably get the best price to have them do yours since they're already there. But if you really think they do faulty work, go hire your own crew to do your main.

 

[terracotta123]

I would like to run the line to the street but the whole place is dug up as we speak. If I start digging beside my foundation we'll have a huge trench. We'll have to wait till after they are done to pull a line to the main street if we were to go that route.

Could someone answer this simple question? Could they decide to plug up my sewer drain just any day and would I have no recourse? I opened a code violation case with the city and they closed it saying that it is their choice to let that line continue to go thro' their property - as if they would be doing me a favor. This is not the best time financially for me to be going thro' pulling a new sewer line. Things had been working just fine until the neghbors decided to did their foundation.

I am looking for economical solutions. I do understand best practices dictate pulling a new line to the street etc.

 

[terracotta123]

I am surpised that the city code enforcement takes such a stand. They shrug off all responsibility and say the neigbors are not required to pull a permit to re-route my sewer line - so the city can wash their hands off any faulty work that can cause problems later. Who can fight with the city - but so much for public authorities.

 

[FarmerJ]

Your city is following its rules by telling you the nbr is not required to pull a permit, they either have one heck of a long list of things they insist be permitted or they have a dollar threshold or a combination of both , either way if the city says no permit is needed then none is needed. What you didnt say but from your own posting is your all being connected to the same old line is that your city has told you it is a civil matter. If thats the case this nieghbor isnt going to just cut you off WHY because that same line they likely have guessed goes to your other property so cutting you off would mean they are at risk of you cutting them off ( follow my logic ?) One thing you didnt say was if you each had own driveways to the public road or not or if you share a private road ? so next week so you have the information learn from the city exactly what the rules are for when that old line fails, learn if the city has a sewer line that would be easy to tap into from your own property , take the time to learn if your all on the same stop box for water even if you each have your own meters. ( tap cards for each address for the water too) this will help you be more prepared when the time comes that the line must be replaced.

 

[terracotta123]

Dear FarmerJ,
These three parcels all have their own driveway and independent water connections/meters. Sewage is the only utility that goes out through one common main to the street.

My simple question is: can they cap off my main sewage line abruptly/suddenly. This is what the city inspector was suggesting to them which I find odd because I though the city is meant to look into the safety of its buildings - is there anything I can do to prevent that from happening. They don't have a problem because their house is dug up and lifted.