What is the name of your state (only U.S. law)? California
My property and my adjoining neighbor's property share a sewer line that runs through my property before connecting to the city sewer line.
My neighbor's property has direct access to the city line but the shared pipe running through my property has been in place for at least 30 years, and all permits for the line are on my property (his does not have a permitted line). Neither title includes an easement. The two properties have been distinct lots on city plot map, but have had the same owner for much of the two properties histories.
The pipe is now broken in many places under my property and needs to be replaced. I've had trouble working with my neighbor as he has wanted to do the cheapest possible maintenance while I would like to replace the line as it's the more long term choice.
My neighbor has agreed to split the cost but is requiring that I sign an easement. I don't want to give him an easement without an addendum that states I have full decision making power, because of his history of wanting to go with the cheapest possible solution on everything.
At this point I would like him to get his own direct line so that we can both maintain our property as we choose, but he is claiming a prescriptive easement.
I do not have money for a long legal battle and would like to know the easiest way to have the issue of prescriptive easement determined. Is it possible for a body to rule that he does not have the easement and order him to get his own line? Estimate on cost of this process?
If we do attach an addendum to the easement and both sign will those terms supersede easement law and prevent a prescriptive easement from being established?
Thank YouWhat is the name of your state (only U.S. law)?
My property and my adjoining neighbor's property share a sewer line that runs through my property before connecting to the city sewer line.
My neighbor's property has direct access to the city line but the shared pipe running through my property has been in place for at least 30 years, and all permits for the line are on my property (his does not have a permitted line). Neither title includes an easement. The two properties have been distinct lots on city plot map, but have had the same owner for much of the two properties histories.
The pipe is now broken in many places under my property and needs to be replaced. I've had trouble working with my neighbor as he has wanted to do the cheapest possible maintenance while I would like to replace the line as it's the more long term choice.
My neighbor has agreed to split the cost but is requiring that I sign an easement. I don't want to give him an easement without an addendum that states I have full decision making power, because of his history of wanting to go with the cheapest possible solution on everything.
At this point I would like him to get his own direct line so that we can both maintain our property as we choose, but he is claiming a prescriptive easement.
I do not have money for a long legal battle and would like to know the easiest way to have the issue of prescriptive easement determined. Is it possible for a body to rule that he does not have the easement and order him to get his own line? Estimate on cost of this process?
If we do attach an addendum to the easement and both sign will those terms supersede easement law and prevent a prescriptive easement from being established?
Thank YouWhat is the name of your state (only U.S. law)?