Side sewer easement

[JuniorJuniorJ]

Seattle Washington
A developer is building a new home next door. I’ve informed they need to dig up a 4ft section of our property which contains extensive landscaping and in ground irrigation.

Here’s the easement language - bear in mind it’s from 1927:
“An easement 4ft wide for the common use and benefit of each other. The maintenance, repair or reconstruction of common sewer shall be bourne in equal shares of common users except for future owners of lower parcel shall not be responsible for part of the sewer above their connection.”

The developer choose to lower the build site and therefore can not use old sewer connection from the previous home that was demolished and removed.

They’ve said we would need to split the cost of digging up our property and re-landscaping.

I’m shocked this could be the case and hoping someone can offer advice. How can a developer building a house to make money possibly charge the neighbor to put in sewer that we get no benefit from…and not only do we not benefit, we have a chunk of our yard ripped up in the process.

Help! Thanks!

 

[adjusterjack]

I’m shocked this could be the case

You knew, or should have known, about the easement when you bought your home and should have avoided any improvement of the area covered by the easement.

How can a developer building a house to make money possibly charge the neighbor to put in sewer that we get no benefit from…and not only do we not benefit, we have a chunk of our yard ripped up in the process.

The how is explained by the did.

If you want to challenge the easement, hire an attorney.

 

[zddoodah]

hoping someone can offer advice.

No one here can do that. If you want legal advice, an internet message board inhabited by anonymous strangers who have never read the relevant documents and don't know the layout of the two properties is not the place to get it. You'll need to consult with a local attorney.

 

[quincy]

Seattle Washington
A developer is building a new home next door. I’ve informed they need to dig up a 4ft section of our property which contains extensive landscaping and in ground irrigation.

Here’s the easement language - bear in mind it’s from 1927:
“An easement 4ft wide for the common use and benefit of each other. The maintenance, repair or reconstruction of common sewer shall be bourne in equal shares of common users except for future owners of lower parcel shall not be responsible for part of the sewer above their connection.”

The developer choose to lower the build site and therefore can not use old sewer connection from the previous home that was demolished and removed.

They’ve said we would need to split the cost of digging up our property and re-landscaping.

I’m shocked this could be the case and hoping someone can offer advice. How can a developer building a house to make money possibly charge the neighbor to put in sewer that we get no benefit from…and not only do we not benefit, we have a chunk of our yard ripped up in the process.

Help! Thanks!

JuniorJuniorJ, you should have the easement and the new development personally reviewed by an attorney in your area. You should not take the developer’s word that you will need to pay half, especially since you say the developer altered the building site making the old sewer connection unusable.