Applying for an easement

What is the name of your state? New Jersey

Hi there,

I'm considering buying a home but found out something that I am very unfamiliar with and hope you can point me in the right direction. The seller removed the old septic tank and ran pipe to connect to the city sewer system. After laying 160' of pipe, the seller found out that it lies under the neigbhor's property by about 5". The seller told me that I could apply for an easement.

What exactly would that entail?

Thanks so much for any information you could provide. I very much appreciate it.

You mean the old sewer lies under the neighbor's property or the sewer line?

BelizeBreeze said:

You mean the old sewer lies under the neighbor's property or the sewer line?

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The new sewer pipes laid by the seller.

Then have your real estate agent inform the seller that sales is contingent upon completion of the connection of the sewer line to the existing city sewer system.

Or, write into the contract an allowance for the connection.

You won't need an easement because it's most likely there alreay is an easement in favor of the city for the sewer line.

BelizeBreeze said:

Then have your real estate agent inform the seller that sales is contingent upon completion of the connection of the sewer line to the existing city sewer system.

Or, write into the contract an allowance for the connection.

You won't need an easement because it's most likely there alreay is an easement in favor of the city for the sewer line.

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Excellent to know about the easement. Thank you very much.

I'll have to write into the contract an allowance to complete connection as the seller is entirely out of funds. (Re: post under foreclosure forum)

Thanks so much for your help.

You must get permission from any party upon whose land the sewer line lies.

I am not clear on what "applying for an easement" means.

What I do know is that you need to make the sale contingent upon the SELLER getting an easement from the neighbor upon whom he has apparently trespassed.

seniorjudge said:

You must get permission from any party upon whose land the sewer line lies.

I am not clear on what "applying for an easement" means.

What I do know is that you need to make the sale contingent upon the SELLER getting an easement from the neighbor upon whom he has apparently trespassed.

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Aha. I see. The seller said to me "All you need to do is apply for an easement." When I heard the word "All you need to do" my ears perked. I would like the seller to get the easement because I would not want to purchase the property only to find out that I can't get the easement.

Admittedly, I know nothing about easements as it's never been an issue for me before.

Get everything in writing.

If it is not in writing, it didn't happen.

If it's in writing, that's the way it happened.

You must get permission from any party upon whose land the sewer line lies.

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And even in Mizzou that is not correct. If the sewer line lies within the city easement then contracting with the city to install the line the rest of the way will require no further easement agreement.

That's why the contingent upon connecting the sewer statement.

BelizeBreeze said:

....If the sewer line lies within the city easement then contracting with the city to install the line the rest of the way will require no further easement agreement....

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You are correct, but that's not what I said.

Obviously, if I want to hook up my sewer line to the city sewer, I will need their permission but (not necessarily) an easement. However, with a lot of the sewer easements being funded by the Feds (and other governmental authorities) you may need to sign an easement, even if it is not "legally" required. (I just signed one myself.)

What I was saying (and I repeat myself...sorry) is that if you are digging a sewer line over someone else's property, you need an easement.

And you certainly wouldn't start digging a sewer line in the city's easement without their permission! And that permission might necessitate you getting an easement.

In this situation, the seller already installed the sewer pipe from the house to the street. Then found out later that it cuts through the neigbhors' property by 5". So are you saying that they need to get an easement from the neighbor, since the pipe lies under their neighbor's property?

MarySpin said:

In this situation, the seller already installed the sewer pipe from the house to the street. Then found out later that it cuts through the neigbhors' property by 5". So are you saying that they need to get an easement from the neighbor, since the pipe lies under their neighbor's property?

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And that is NOT what you said in your original post. So, my advice stays the same. Make the sale contingent upon the easement agreement. Otherwise, walk.

Exceptionally simplified, the definition of an easement is that someone gets to use part of your property for some reason.

E.g., even a city needs an easement if they want to run a sewer line across your property.

Quote:
Originally Posted by MarySpin
In this situation, the seller already installed the sewer pipe from the house to the street. Then found out later that it cuts through the neigbhors' property by 5". So are you saying that they need to get an easement from the neighbor, since the pipe lies under their neighbor's property?

Yes.