Implied Easment on Shared Sewage Line + Tree

[turtle19]

What is the name of your state (only U.S. law) North Carolina

Hi, I was a first time home buyer and stepped into it good.

The property in question was split by the previous owner for ease of sale. The legal side of the deal was messy and a lot of things were left unwritten. (deed boundaries, utility easements) I bought the property 6 months after my neighbor purchased the enclosed lot.

The Property has two land locked plats behind it with a known 10' driveway access easement. The property that is directly behind my house has, unknown by me, shared sewage line that runs through my back yard and under my house. There is a tree directly 10' from my back porch that lies squarely over the neighbor’s sewage line as it goes beneath my house. This tree has been there for 20+ years.

The problem arose 8 months after I purchased the property when the roots intruded and clogged the pipe. I came home to a hole in the ground in my back yard full of sewage in the rain, and gained a new knowledge of "implied easements" when my neighbor gave me the letter from his lawyer stating that I would be financially responsible all and future repairs.

I knew about the driveway easement and assumed that any pipes went in accordance with its path, and there was no written maintenance agreement for pipes in the deed.

Am I monetarily responsible for his pipes due to the tree that has been there for 20 years? I can understand if I had planted the tree after I purchased it, but not if it was pre-existing when he purchased and entered the “implied easement” with the previous owner. Personally I want his pipes out from my back yard/house, and under the driveway. I am not averse to paying 50% of the moving costs, but have soured due to my neighbor's legal action before a face to face discussion.

Thanks for the help! This sucks but it’s also a valuable way to learn LAW

 

[LdiJ]

What is the name of your state (only U.S. law) North Carolina

Hi, I was a first time home buyer and stepped into it good.

The property in question was split by the previous owner for ease of sale. The legal side of the deal was messy and a lot of things were left unwritten. (deed boundaries, utility easements) I bought the property 6 months after my neighbor purchased the enclosed lot.

The Property has two land locked plats behind it with a known 10' driveway access easement. The property that is directly behind my house has, unknown by me, shared sewage line that runs through my back yard and under my house. There is a tree directly 10' from my back porch that lies squarely over the neighbor’s sewage line as it goes beneath my house. This tree has been there for 20+ years.

The problem arose 8 months after I purchased the property when the roots intruded and clogged the pipe. I came home to a hole in the ground in my back yard full of sewage in the rain, and gained a new knowledge of "implied easements" when my neighbor gave me the letter from his lawyer stating that I would be financially responsible all and future repairs.

I knew about the driveway easement and assumed that any pipes went in accordance with its path, and there was no written maintenance agreement for pipes in the deed.

Am I monetarily responsible for his pipes due to the tree that has been there for 20 years? I can understand if I had planted the tree after I purchased it, but not if it was pre-existing when he purchased and entered the “implied easement” with the previous owner. Personally I want his pipes out from my back yard/house, and under the driveway. I am not averse to paying 50% of the moving costs, but have soured due to my neighbor's legal action before a face to face discussion.

Thanks for the help! This sucks but it’s also a valuable way to learn LAW

I think that you should run this by a local real estate company. An easement implied or not does not make you responsible for maintaining the item the easement is for.

Now, if the clog is on your end and its backing up into his end, that's a different story. However if the clog is before your home hooks into the sewer line, I would think it would be his problem.

However, again, consult a local attorney. I also really don't think that you want the pipes under the driveway...think about it?

 

[154NH773]

Several things are unclear. What is a "shared sewer line". Who is it shared with?
The other issue is; why would you be responsible for repairs to his sewer line under these circumstances? What rational did his lawyer give for your responsibility?

An "implied" easement, or some other type, may be reasonable in this case, but it is not a fact until a court says it is.

My opinion is that you should not pay for any repairs on his sewer line, and I would demand he restore your yard to its original condition after he completes repairs. Don't be intimidated by his lawyer, although I would suggest you get your own legal advice locally.

 

[FarmerJ]

I agree you should not pay a dime for repairs to the line that services his home, Instead perhaps speak to a real estate atty to have the atty draw up for you a letter that instructs this neighbor they will pay for the damage to your yard from digging it up and they cannot just come into your yard again to do anything to this line with out contacting you. This line does not become a joint -Us deal until the point that it ties into the line that serves your home then continues to the street, SO rather than you paying a dime to move this line , you should do some research , You want to know if your city / county has via ordinance made shared sewer lines obsolete ( like one sewer line to each structure -address only ) You want to know at what point the city would make this home behind you install a new line all the way to the street too. You havent said a thing about your water lines either, does your house have its own water line that is not shared with this rear house ?

 

[FarmerJ]

Also since ill lay odds the line is gravity based if by chance the line to his home connects not under but IN your basement and you have a floor drain you may want to look at what it would involve to install a check valve to help prevent backups into your basement should there be a clog between your home and the street some day. I was gonna ask earlier if it appears that the line going to the nbr just taps in at your basement ? ( a home I once owned did that, it got sewer done when connections to houses were dug by hand so # 236 and #238 were about 4 or so feet apart so the sewer line from 236 went thru the side basement wall , into 238s basement then connected to the cast iron line that was on top of the dirt floor along that side of its basement then it turned and went down further & into the street , they had shared since it cost them less that way )

 

[turtle19]

Now, if the clog is on your end and its backing up into his end, that's a different story. However if the clog is before your home hooks into the sewer line, I would think it would be his problem.

However, again, consult a local attorney. I also really don't think that you want the pipes under the driveway...think about it?

The block is on his side for sure. Unless the roots have made it into my basement/crawl space.

His attorney disagrees in his letter,

"As the holder of the implied easement, you (or your agents) have the right to go onto the xxx property and make repairs to the line as necessary, at your expense. You also have the right for your easement to be free and clear of any obstacles, items or conditions that would impair viability, such as roots growing down into the line. If the viability of this line were impaired by any action or non-action of the owner of xxx, then it is my opinion that any repairs resulting therefrom would be the financial responsibility of the owner of xxx."

As for the line moved to under the driveway, it would take any financial burden from myself for his lines due to a maintenance agreement on the 10ft wide driveway easement I had my closing attorney draft, (500$). Also the third property in question has a separate sewage Line already in place down the driveway, with out any problems from cars crushing the pipes. Thanks for the reply!

 

[turtle19]

Several things are unclear. What is a "shared sewer line". Who is it shared with?
The other issue is; why would you be responsible for repairs to his sewer line under these circumstances? What rational did his lawyer give for your responsibility?

An "implied" easement, or some other type, may be reasonable in this case, but it is not a fact until a court says it is.

My opinion is that you should not pay for any repairs on his sewer line, and I would demand he restore your yard to its original condition after he completes repairs. Don't be intimidated by his lawyer, although I would suggest you get your own legal advice locally.

The neighbor's sewage out flow is connected directly to my pipes in a joint underneath the uphill portion of my house. His effluent traverses the length of my yard and then we both have the same pipe to the city sewage line if that helps.

True that the implied easement would have to be upheld in court, but my research pretty much confirms that it will hold up with a judge. That being said, this is a small town and the judge, the plaintiff and his lawyer... And my lawyer all went to the same classroom together, literally. My lawyer offered his services, but I think the lawyer fees would equate to 1500$ total, about 1/2 that of moving the pipe to the driveway.

Yes! The neighbor never filled the hole, I had to shovel it in my self. I planted some flowers and put 2 PVC pipes so they could find it for the next dig. The flower's bloomed magnificently probably dude to the sewage...

Thanks for the advice!

 

[turtle19]

I agree you should not pay a dime for repairs to the line that services his home, Instead perhaps speak to a real estate atty to have the atty draw up for you a letter that instructs this neighbor they will pay for the damage to your yard from digging it up and they cannot just come into your yard again to do anything to this line with out contacting you. This line does not become a joint -Us deal until the point that it ties into the line that serves your home then continues to the street, SO rather than you paying a dime to move this line , you should do some research , You want to know if your city / county has via ordinance made shared sewer lines obsolete ( like one sewer line to each structure -address only ) You want to know at what point the city would make this home behind you install a new line all the way to the street too. You havent said a thing about your water lines either, does your house have its own water line that is not shared with this rear house ?

This is a vital point! The city does have a via ordinance, I spoke with head building inspector. He said that the shared line gig has been illegal since 197x and wants to check out the property. I haven't invited him over yet because I was unsure if the ordinance applies to new builds or if the city would require a retrofitting. To my knowledge, when a house is built it must be to code, but when it is sold, it does not require an inspection by the municipality. Hence the unknown pipe over the course of 40 years. The pipe is PVC, not sure if they had that in the 197x.

If it is requiring a fix to get it up to code, I feel that it would be the neighbors financial responsibility. But I haven't done the research here and instead of risking it, I've held off.

As for the payment, his attorney is calling for me because my pre-existing tree is blocking his easement rights.

"As the holder of the implied easement, you (or your agents) have the right to go onto the xxx property and make repairs to the line as necessary, at your expense. You also have the right for your easement to be free and clear of any obstacles, items or conditions that would impair viability, such as roots growing down into the line. If the viability of this line were impaired by any action or non-action of the owner of xxx, then it is my opinion that any repairs resulting therefrom would be the financial responsibility of the owner of xxx."

Our water lines are separate.

 

[turtle19]

Also since ill lay odds the line is gravity based if by chance the line to his home connects not under but IN your basement and you have a floor drain you may want to look at what it would involve to install a check valve to help prevent backups into your basement should there be a clog between your home and the street some day. I was gonna ask earlier if it appears that the line going to the nbr just taps in at your basement ? ( a home I once owned did that, it got sewer done when connections to houses were dug by hand so # 236 and #238 were about 4 or so feet apart so the sewer line from 236 went thru the side basement wall , into 238s basement then connected to the cast iron line that was on top of the dirt floor along that side of its basement then it turned and went down further & into the street , they had shared since it cost them less that way )

The situation you described is quite similar to mine, except put a tree in between the homes over the pipe. Bt you say that the pipe turned back out of the basement after the connection? I'm not sure after it leaves my basement.

The neighbor has a check valve that his wife blocked by putting a path over, so when it backed up it flooded the whole bottom floor.

I believe that I have a check valve in my front yard, but will double check. My dad suggested putting a maintenance access point where I planted the flowers. And then we can just drill the roots out every 6 months until the legal part is settled.

Thanks for all the advice!

 

[FarmerJ]

Your dads suggestion is not all bad about having a place to serve as clean out. As far as the rear house goes & this sewer saga , check your city public works desk records , you want to know tap card information for your address and his address . As far as PVC goes it seems to me houses like the split level my god parents had when it was brand new (1969 0r 1970 ) that I remember seeing plastic pipes in its exposed basement before they remodeled most of the basement into usable space. This line has been there long enough that even if it fell under easement of necessity that may mean nothing if a new line were mandated by city /county. Also re the water lines Your city should have records on that too as in tap card info. I bring that up again because it would really stink if his water line came thru your lot & , connected under your house to the main line too. Tree , well I dont know what to tell you since it was there before you bought this house , cant help but wonder especially with pvc lines if there ever was a problem before with this line. This neighbor still needs to be told flat out ,that he cannot just come on to your property and do what ever he wants he has to notify you that there is a problem with the sewer and cannot leave your property damaged after. OH re the property i had , it was ancient urban area that was developed in the late 1880s -1890s so the structure 238 sat even closer to the street than 236 , 236 had a very small root cellar under its middle. the bath & kitchen were part of the first room additions/ remodeling and were built on at the rear of the house. The 238 house I got to see the basement there when I found laundry water backing up into the laundry tub s in the the root cellar. None of my tenants had laundry , but it was a summer day and the first floor tenant of 238 was doing wash, went over there and she let me into the basement. This is where I saw how the sewer line from 236 came in to the side wall of the basement of 238 and then tied into a T along the edge of the basement wall and continued to go toward the street as it turned then angled to the middle of the street side wall of 238s basement then was pitched after a clean out ( dirt floor in that one ) then went at angle to the street connection. I had a well known sewer cleaning firm come out because i had never seen this sort of thing and he got the line open, Of course the owner of 238 did not want to share in the expense of it even though the clog was far enough in that it was in the part of line we shared , what really stank too was he claimed to not know about the sewer being shared ( his dad gave him this property when he graduated college, all he ever did was collect rents and let that property get so bad that he chose to tear it down rather than fix it.

 

[154NH773]

If the viability of this line were impaired by any action or non-action of the owner of xxx, then it is my opinion that any repairs resulting therefrom would be the financial responsibility of the owner of xxx."

His opinion. You haven't lived there long enough for it to be your responsibility, and he should have warned you that it might be a problem. If he was aware of the tree and had snaked out the line (roto-rooter) it would have never clogged, so he could be negligent.

I would follow up as farmerJ mentioned with the town regulations on shared lines. What would trigger the separating of the lines according to the law? perhaps a situation such as occured might trigger the separation. You should send him a letter (certified) asking for damages or restoration of your property. There could also be a health problem.

You might want to move his line to the easement and pay for it yourself. That way you'd be rid of this problem.

 

[turtle19]

Your dads suggestion is not all bad about having a place to serve as clean out. As far as the rear house goes & this sewer saga , check your city public works desk records , you want to know tap card information for your address and his address . As far as PVC goes it seems to me houses like the split level my god parents had when it was brand new (1969 0r 1970 ) that I remember seeing plastic pipes in its exposed basement before they remodeled most of the basement into usable space. This line has been there long enough that even if it fell under easement of necessity that may mean nothing if a new line were mandated by city /county. Also re the water lines Your city should have records on that too as in tap card info. I bring that up again because it would really stink if his water line came thru your lot & , connected under your house to the main line too. Tree , well I dont know what to tell you since it was there before you bought this house , cant help but wonder especially with pvc lines if there ever was a problem before with this line. This neighbor still needs to be told flat out ,that he cannot just come on to your property and do what ever he wants he has to notify you that there is a problem with the sewer and cannot leave your property damaged.

Looks like I'm hosed, seems like the ordinance only applies to newer construction.

§ 50.007 SEPARATE CONNECTION REQUIRED; EXCEPTIONS.

(A) Every house, apartment, trailer, building, condominium, or independently owned or plumbed unit requiring a water or sewer connection pursuant to this chapter shall be separately and independently connected, except in those case where laterals have already been laid in asphalt or improved streets from the main, provision being made for the house or building, in which case the connection may be made for the house or building, in which case the connection may be made to an existing lateral. Minimum size for multiple service laterals are 1 inch for water and 6 inches for sewer or larger as may be required by the Town in specific situations. When 2 or more houses or units are connected with the same water lateral, a separate meter shall be provided for each house.

(1989 Code, § 50.07) (Ord. passed 3-13-1984)

Can you make sense of that wording? If I can talk with the building inspector maybe I can force my neighbors hand in moving the pipe.

I've heard about tap cards, and I'll give them a look.

Thanks again

 

[turtle19]

His opinion. You haven't lived there long enough for it to be your responsibility, and he should have warned you that it might be a problem. If he was aware of the tree and had snaked out the line (roto-rooter) it would have never clogged, so he could be negligent.

I would follow up as farmerJ mentioned with the town regulations on shared lines. What would trigger the separating of the lines according to the law? perhaps a situation such as occured might trigger the separation. You should send him a letter (certified) asking for damages or restoration of your property. There could also be a health problem.

You might want to move his line to the easement and pay for it yourself. That way you'd be rid of this problem.

Interesting follow up on the negligence idea.

My neighbor is a local small time land lord, the county registry has 6 deeds in his name. My friend, the upstairs tenant of that property has complained to me about their lack of maintenance which doesn't warrant the monthly fee for such a small apt. I really had no idea about where the pipe was, I just want to find the dummy who planted the tree.

I remember reading that any major renovations or repairs would force the ordinance, but don't have the exact wording.

I'm really thinking about it, and he want me to pay for it, but I would rather seek a 50/50 settlement on the moving of the pipes. Thanks for the input!

 

[FarmerJ]

I read what you posted but on a serious note theres got to be something else too to trigger replacement like a line failure or some other trigger See when I was a kid , our burb had a ord that refused to allow any more repairs to on site septics & private wells when city water and sewer was available ( I dont know what year it was put into the street but do remember the nbrs next to us had theire sand point pulled and replaced b4 the ord took place on purpose so the well would get more years of service out of it. So as 154nh was saying too, look for triggers , there has to be something that also causes new code to come into play, fire,where property is destroyed, weather that destroys house, condemnation , the repair he did itself the digging did it trigger a newer ordinance? The problem that i see with no triggers for new code compliance is that in theory you could get occupants in the house that you share part of the line with who abuse the sewer line so badly that it becomes destroyed then you fix it and they do it again, and again.

 

[154NH773]

(A) Every house, apartment, trailer, building, condominium, or independently owned or plumbed unit requiring a water or sewer connection pursuant to this chapter shall be separately and independently connected, except in those case where laterals have already been laid in asphalt or improved streets from the main, provision being made for the house or building, in which case the connection may be made for the house or building, in which case the connection may be made to an existing lateral.

My interpretation (and courts can interprete it in any way humanly possible) would be that it is required for each house to have its own lateral connection to the main, unless it requires ripping up the street. So if your water main runs next to the street, and no damage would be done to the street by making a lateral connection, then you can insist that he make his own connection.

Although, depending on which house was constructed first, he might say that YOU must run a new lateral for your house, and HE can continue using the existing one.