Life estate/septic lines question

[rkjohnson]

What is the name of your state? Georgia

My mother has given me 4 acres of property, but she has a life estate.

Question #1: Do I have ANY control of the property while she is still living?

My neighbors septic lines are on the 4 acres I will receive. His lines were on this property prior to her signing the deed to give me the 4 acres. Because of the location of the lines, the property is unusable. He does not yet own the property he is living on.

Question #2: When my mother passes and I have control of the property, can I make him move his septic lines?

 

[rowz]

Others will let us know if I am wring but I believe that you NOW control the property.

Consult a lawyer and he [or you] can check the deed to see if there is a recorded easement that allows the neighbor to have those lines under your land. they can then advise you as to the next course of action.

 

[rkjohnson]

There is nothing in the deed stating he can have the lines on the property. No easements of any kind.

It would be SO nice if I had control of this property NOW, but my understanding was that I had to wait until she has passed. If anyone knows otherwise, please let me know.

 

[seniorjudge]

...
Others will let us know if I am wring but I believe that you NOW control the property.
...

You are wring.

 

[seniorjudge]

Question #1: Do I have ANY control of the property while she is still living?

A: It depends on the wording of the deed and it also depends on the situation on the ground. In other words, I could give you a piece of land and reserve a life estate, then take off for México. That would mean you pretty much owned it. If I stayed there and put up a padlocked fence and wouldn't give you a key, then you'd have to wait till I croaked.



Question #2: When my mother passes and I have control of the property, can I make him move his septic lines?

A: No. And ma can't make him move them either. He has an easement over you and ma's land.

 

[rkjohnson]

Wow. The building inspector and the environmental health office have told me that I can make him move the lines. I really don't understand all of this. I can't use my property because of the lines. Do I have any options at all?

 

[xylene]

Wow. The building inspector and the environmental health office have told me that I can make him move the lines.

You need your own lawyer then help you to enforce whatever they claim gives you the authority to force the neighbor.

By all means, try and just tear up the lines. (Don't do that.) You will have huge mess. Legally, too.

I really don't understand all of this. I can't use my property because of the lines. Do I have any options at all?

You need a lawyer.

 

[SnowCajun]

Wow. The building inspector and the environmental health office have told me that I can make him move the lines. I really don't understand all of this. I can't use my property because of the lines. Do I have any options at all?

seniorjudge's advice always seems to be pretty good, but I'm from the old school of thinking also rkjohnson, if it's my property I danged well want to be able to use it as I see fit and not be forcibly denied using it because someone else has run their septic lines across part of my property! I don't buy into that theory even if seniorjudge may be dead right about it.

Maybe I'm just stubborn and figure my land is my land and if I want to build on my land and their septic line is in the way then that's their problem, they can find somewhere else other than my land to run their lines through. I don't see how that could in anyway what-so-ever be fair for you to, it even seems silly that you could be denied use of your own property as you wish because of someone else's septic lines. Allowing them to do that gives them control of your property and that doesn't make sense! What's the point of owning it if you can't use it like you want?

Just like I told someone else in another post, I guess I watched too many Saturday morning westerns while growing up, John Wayne or Roy Rogers would have never allowed this.

SnowCajun

 

[xylene]

seniorjudge's advice always seems to be pretty good, but I'm from the old school of thinking also rkjohnson, if it's my property I danged well want to be able to use it as I see fit and not be forcibly denied using it because someone else has run their septic lines across part of my property! I don't buy into that theory even if seniorjudge may be dead right about it.

Maybe I'm just stubborn and figure my land is my land and if I want to build on my land and their septic line is in the way then that's their problem, they can find somewhere else other than my land to run their lines through. I don't see how that could in anyway what-so-ever be fair for you to, it even seems silly that you could be denied use of your own property as you wish because of someone else's septic lines. Allowing them to do that gives them control of your property and that doesn't make sense! What's the point of owning it if you can't use it like you want?

Just like I told someone else in another post, I guess I watched too many Saturday morning westerns while growing up, John Wayne or Roy Rogers would have never allowed this.

SnowCajun

The law is not always 'fair'. Property is only so private, and the law can compel the use of others private land for the use of the government AND other private entities.

Septic systems provide the community good of sanitary disposal of waste. Lot cheaper than sewers sometimes. So states, counties, towns etc. have provisions that can compel a landowner to permit a septic system intrusion. Thats so everyone can have an adequate system needed to protect the groundwater and the watershed.

I don't really care if John Wayne would have blown my lib head off if he felt 'nonsense' like protecting a critical community resource from the negative externalities of private actions at the expense of private property rights was unfair. It happens to be the law, right, just, and most importantly economically viable.

The exact details are crucial rkjohnson's situation. He needs a lawyer. If he has been told something... well.

1) what you are told rarely stands up in court.
2) if he acts on his own, and ground water gets trashed... he will be up sheet creek. 6 or 7 figures of damages and fines.
3) If the land is not usable he needs to cut a deal in his interests, or at least mitigate his sunk costs.

 

[FarmerJ]

In the time being you can learn what your counties zoning ords are when it comes to repairs or replacements of failing septic systems and set backs. What you want to learn is if your county can require them at the time a system is failing or needs replacement to move the system so it is not on your land. What all the options are for systems, like does your county require mound systems when a lot is smaller OR does your county allow just holding tanks only for small lots so they can be pumped by a honeysucker regularly to empty it when its full. You should speak to a real estate atty to learn how this encroachment would meet your states statutes for prescriptive easement and last thing would be how it would be worded if you gave consent in writting to allow them to use your land only until the system fails as a tool to get them to sign it instead of you suing them to make them move it.

 

[rkjohnson]

Thanks, Farmer. I'll find out what I can. It's a 'pump system' and it's only been here 2 years. They've already had problems with it.

This whole thing started when my mom asked me if I wanted the property or $40k cash as my inheritance. I chose the property (pasture) because I grew up on this farm and it has a great deal of sentimental value. She said "Ok, it's yours. Treat it like it's yours". I was paying to have it bushhogged and put up No Trespassing signs. Most of it is flood zone, but there was the one building site. When my slacker nephew (you'd just have to know him) knocked up his girlfriend, he kissed up to my mom (his greatest talent) and she let him put a trailer on it. Now, it's me against them and it's gotten real ugly.

I don't think I can continue to live here and keep my sanity. They had a drug dealer living with them who was actually arrested a few months ago. The traffic never stops. The cops won't do anything because it's a dead end private road. I'm going crazy!

 

[rkjohnson]

Same Problem....New Issue

An attorney has told me that I don't gain control of the property within 7 years of the installation of the lines, he will have an automatic easement. However, he also said I can then sue the estate for 'loss of use'.

Here's the new issue.....They recently had surveyor's out here. Come to find out...the property line goes thru the center of the nephew's driveway. Today, I received a letter from my mother's attorney stating if I don't agree to move the property line, my MOTHER is going to take me to court! (This is the same mother who told me if abortion had been legal when she was prego with me, I wouldn't be here) Nice. I have another appt with the attorney. Any advice before I go?