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sewage easement

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sanpaj

Junior Member
What is the name of your state? Pennsylvania

The neighbor behind our home had a verbal agreement with the previous owner of our home. They agreed that a drain could be placed through our property to carry waste from their septic tank since they did not have a leach bed. A few years ago, a second neighbor attached a drain to the drain going through our property, but on our back neighbors side of the property. This second neighbor has 9 people living in his home and one septic tank.
In the last 3 years, everytime it rains steadily, raw sewage seeps up through holes in this drain...apparently, it is the type of drain used for water run-off. The drain runs through my back yard, alongside my well and then into a ditch in front of our property. I have had city officials out to view the problem with no satisfaction. As far as we are aware there has never been an easement signed. What alternatives do we have? Can we insist that the neighbors cap this drain?
Thank you,
 


seniorjudge

Senior Member
sanpaj said:
What is the name of your state? Pennsylvania

The neighbor behind our home had a verbal agreement with the previous owner of our home. They agreed that a drain could be placed through our property to carry waste from their septic tank since they did not have a leach bed. A few years ago, a second neighbor attached a drain to the drain going through our property, but on our back neighbors side of the property. This second neighbor has 9 people living in his home and one septic tank.
In the last 3 years, everytime it rains steadily, raw sewage seeps up through holes in this drain...apparently, it is the type of drain used for water run-off. The drain runs through my back yard, alongside my well and then into a ditch in front of our property. I have had city officials out to view the problem with no satisfaction. As far as we are aware there has never been an easement signed. What alternatives do we have? Can we insist that the neighbors cap this drain?
Thank you,
Q: What alternatives do we have?

A: Sue the offending parties for trespass.
 

justalayman

Senior Member
And call your county health department.
The fact that raw sewage is on the ground is concern enough in itself to call them. They will inspect the system involved and will require the neighbors to repair/rebuild as necessary to work correctly and safely. It obviously isn't working correctly as it is now.
The other thing is most places have a required separation distance between a well and a leechfield. Although the neighbors do not have a leechfield, if it is a perforated pipe being used, it is essentially al leechfield in your yard and next to your well.

Get your water tested for fecal coliform bacteria.

And did you say the sewage is running into a ditch? Like an open ditch?

Is that legal in your county?
 

lwpat

Senior Member
What the neighbor has is a license which can be revoked at any time. It also cannot be given to another so the additional property is illegal. I suggest that you send them a letter revoking the license and tell them you are plugging the drain. Also notify the health department.
 

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