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Sewer Lines on Neighbors Property w/o Easement in Title Work

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kvbibbs

Junior Member
What is the name of your state (only U.S. law)? Indiana

My neighbor originally agreed to sign an easement and then refused.
At one time both properties shared an owner.
The town said this was a civil matter and would not step in and enforce a prescriptive easement.

I have this email from the town manager to the excavator I was working with -

Town Mgr when they thought my neighbor was going to sign an easement:
'Okay sounds good. Our Town ordinance states that the laterals have to be separated & there may be sewer tap fees involved with a possibility of a manhole being installed in the road for the laterals to run to. No more putting in T’s in the main line. I’m doing my research on this matter. Will let you know what I found out'

Excatator:
The home owner wouldn’t be responsible for manhole, would she? And we won’t know if they are tied together until we get on the property to see. The lady just bought the house and is a little overwhelmed. And would they need tap fees, they already have sewer lines. I thought tap fees were for new lines.


Town Mgr:
Not for the purchase of the manhole but for the installation they both would have to share. Still looking into that issue with our Town attorney. According to the liquor store owner the plumber he hired cut her lateral & installed a 90 elbow & that’s why we are thinking they were tied together when the house & business (owner of both properties then) was first built in the mid 70’s. Hopefully we can have them repair it as it was, with the owners having to have a sewer permit (which Ms. Bibb’s has a permit) & the purchase from the Town a backflow preventer, along with the business owner doing the same.

The plumbing work mentioned above, was completed without a permit and without a city inspection at completion.
The town has since filed an ordinance violation against my neighbor.
My excavator pulled his outside access cap and found the water level to be inches from the top. I assume he continues to have issues too.
All work was halted at my property line and I have an invoice for $3100 and I still don't have proper plumbing.

The owner has until Wednesday 5/3/17 to have someone come back and dig up his lateral so that the city can inspect the work that was done.

Any advice on what my next steps should be? I just want to be able to take a long shower and do laundry. I try to use as little water as possible because the water will back up into my basement sink.

Thanks
Karen
 


NC Aggie

Member
This situation seems a bit convoluted but if I follow you correctly, you and your adjacent neighbor are sharing a sewer lateral to the sewer main? It appears this violates the town ordinance and it seems there is an issue with the sewer lateral that is causing backup issues in both properties' plumbing? What's not clear is whether the $3100 you're already indebted to is for a repair to the existing lateral or what it would cost you to tie in directly to the sewer main?
 

kvbibbs

Junior Member
I had a creward come in. They found my line didn't go straight out to the back of my home but to the side. My neighbor originally agreed to an easement. But when a lawyer drew up the papers, he refused to sign them. I'm only guessing he has plumbing issues too. I have paid $3100 for the first dig, a day of prep for after the easement, & to have them put everything back in my yard the way it was after work was halted.
 

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