Sewer line "tap" through my property

[ode2joy]

I am in the state of Illinois, and recently had a gentleman buy the house next to mine. He "flips houses" for a living, and is busy renovating the place to sell off. He claims he found out only after having purchased the lot that the existing structure was on a septic system, and now due to the renovations he's doing he will have to tie into the city's sewer line since he is within 75 feet of it. His two options as he's been told are as follows:

1) Tie into the existing sewer line under the street directly in front of his property, which happens to be a State highway, or
2) Trench through our property to gain access to the sewer line under the street my property sits on, which is a city street.

My guess is that option 2 is a much less expensive option, as he's asked our permission to go that route (despite a much longer distance compared to Option 1), offering to regrade/reseed the area once he's finished. What kind of implications would this have or what things should I consider and keep in mind before making this decision? I don't want to be an "inhospitable or overly concerned neighbor", but I have no idea about anything like where liability lies if something happens with that sewer line, how this would effect the value of my property, etc. Any suggestions would be greatly appreciated.

 

[nextwife]

I would NOT agree to a tap through your yard. That will later limit where you, or a future owner can place a home addition, garage , deck, pool, etc.

 

[xylene]

I would NOT agree to a tap through your yard. That will later limit where you, or a future owner can place a home addition, garage , deck, pool, etc.

It is however not so likely the state will consent to tear up the highway.

It is possible this could be forced on him.

I would look into being compensated if they are offering it.

Talk to your sewer authority about your rights. Talk to a lawyer, eps. if the line is close to your house or in an area you plan to build.

Don't be bullied by kindness.

 

[ode2joy]

It is however not so likely the state will consent to tear up the highway.

It is possible this could be forced on him.

I would look into being compensated if they are offering it.

Thanks for the excellent suggestions; they certainly at least give me a place to start. The statement that this could be forced on him scares me a little. Does that mean we may not have any choice in the matter? If so, how much "bargaining power" do you think we'd really have toward asking for compensation? Do you think it would at least be fair for us to ask for legal fees for us to consult a RE lawyer of our choosing, or are these questions that are best answered by City officials?

 

[FarmerJ]

First you must learn if your city county ordinances permit NEW shared sewer tap connections , Your city /county govt center would be able to tell you what they require of any property that is planning on hooking up. Shared sewer taps were more common more than 50 yrs ago but most local govts wont allow them now. Once you know what your local govt ords are on the subject then you will know better how to move forward. As a former owner of a home that had no tap of its own into city sewer but a shared sewer with the house next door, there are other things if it is allowed that Nex & Xyl didnt mention wich are when the line clogs unless there is a well written agreement as to determining cost responsibility of sewer line cleaning and failure of the line you could be stuck paying for sewer main line cleaning or repairs caused by some one else. BESIDE the limitations you would end up with due to a easement being created into your property because of this new tap. You might get lucky on this and learn that your local govt just will not allow any new shared sewer line taps. Its easy to see why someone wants to go the lower cost route BUT if you end up permitting it First the guy next door must pay all the legal fees for a well written easement, It needs to not only address restoration of your property after digging, but to be specific like addressing the possibility of your yard having to be dug up again incase that tap failed and who pays under what condtions and maybe including conditions where the easement expires such as if the home were tornado/ fire damaged beyond repair and had to be rebuilt or zoning rule changes. BTW if the home is on a septic system WHERE does it get its water from ? IF its on a private well is your city going to require it to be connected to city water now as well ? If you learn that the home next to you has not had a well or sewer failure and is not required to hook up at this time to city utilitys even if shared taps are allowed you can simply deny the request. This guy is looking to make money on this house , for him this is a business.

 

[ode2joy]

First you must learn if your city county ordinances permit NEW shared sewer tap connections.

This will not be a "shared' connection as I understand you to mean. He is asking to trench across our yard to directly access the city's line underneath the street bordering our property, and not to T or Y directly into our connection. Regardless, the more input I get regarding my dilemma, the more I realize just how little I know and how foolish it would be to make this decision without at least consulting a lawyer to explain all the possible ramifications, from liability to decreased resale value, etc. As a first-time homeowner facing an issue such as this, the suggestions posed by you and the others has been extremely helpful and greatly appreciated!