Lawyers Opinion
The neighbor's lawyer clearly states that the root impact is covered under the "implied" easement.....as his OPINION. Honestly, in my experience with situations like this, that argument has little merit. If you did something to block his easement, then his argument would hold......but this is obviously a very old tree on top of an older sewer line. Common sense alone will lead anyone to understand that a property owner needs to take care of his property and items that serve it. What if it was a rock buried in the ground that had broken his pipe? Would that also be your responsibility under the implied easement?
What I would feel more than likely is happening is;
A
The pipe is failing and needs to be replaced which would kick in an automatic compliance to code. Now possible it could be fixed......but that might also require an inspection which in turn may force code compliance.
B The owner is looking for an easy way to pass the buck on HIS needed sewer line repairs.....and strong arming you to quietly agree. This makes his property more profitable and will also set precedence in your maintenance of his line.
There is also the questions in regards to the tree being his responsibility to move....as I see you need a lawyer. A good one that is classmates chums with your neighbors lawyer.
The neighbor's lawyer clearly states that the root impact is covered under the "implied" easement.....as his OPINION. Honestly, in my experience with situations like this, that argument has little merit. If you did something to block his easement, then his argument would hold......but this is obviously a very old tree on top of an older sewer line. Common sense alone will lead anyone to understand that a property owner needs to take care of his property and items that serve it. What if it was a rock buried in the ground that had broken his pipe? Would that also be your responsibility under the implied easement?
What I would feel more than likely is happening is;
A
The pipe is failing and needs to be replaced which would kick in an automatic compliance to code. Now possible it could be fixed......but that might also require an inspection which in turn may force code compliance.B
The owner is looking for an easy way to pass the buck on HIS needed sewer line repairs.....and strong arming you to quietly agree. This makes his property more profitable and will also set precedence in your maintenance of his line.There is also the questions in regards to the tree being his responsibility to move....as I see you need a lawyer. A good one that is classmates chums with your neighbors lawyer.