Trespass

[Uncagn]

What is the name of your state? PA

Hi, In the last month, a septic company entered my property without my permission or knowledge. He mistook my property for a neighbor’s, pumped my tank and then reported to the local authorities what in his opinion is a possible issue with my septic system. He later claimed that he mistook my home for the neighbor who actually called him. Based on his report, the local municipality is now mandating their own inspection of my septic. While my septic system functions well for my use, I am worried that this scrutiny will force me to have to replace everything with a new system that could cost over $20,000. Given that I’m facing this scrutiny due to someone else’s error and uninvited presence on my property, do I have any legal recourse if in fact I am forced into a new septic system?

 

[zddoodah]

He mistook my property for a neighbor’s, pumped my tank and then reported to the local authorities what in his opinion is a possible issue with my septic system.

What "local authorities"? What "possible issue"? Were you already aware of this "possible issue"? Do you regard it as something about which you should be concerned?

He later claimed that he mistook my home for the neighbor who actually called him.

Why do you phrase it this way? Do you not believe him?

Based on his report, the local municipality is now mandating their own inspection of my septic.

Is there a law in your town that allows for this?

Given that I’m facing this scrutiny due to someone else’s error and uninvited presence on my property, do I have any legal recourse if in fact I am forced into a new septic system?

Pending your answers to the questions I asked, I doubt it. Sounds like the person made an innocent mistake.

 

[AlmostThere]

Certainly, the septic company should not be charging you for their services, but if your septic system does not meet the code, you are probably on the hook. When it comes down to it, the homeowner is responsible for maintaining a septic system that is up to code. If it is not up to code, you should be fixing it.

 

[Uncagn]

What "local authorities"? What "possible issue"? Were you already aware of this "possible issue"? Do you regard it as something about which you should be concerned?




Why do you phrase it this way? Do you not believe him?




Is there a law in your town that allows for this?




Pending your answers to the questions I asked, I doubt it. Sounds like the person made an innocent mistake.

 

[Uncagn]

Thanks for your reply. It’s the local municipality who contacted me. No, I was not aware of any issues. Everything functions well, and I’d had it inspected four years ago with no problem. Every four years, the town requestes homeowners to arrange pumping of their septic at which time the septic hauler that the homeowner chooses submits a report; I did not have the opportunity to choose my own provider because of this person’s mistake. I used the word ‘claim’ because I have no idea as to his truthfulness. I did not say he lied. I do know he drove right past my street number on my farm lane.

 

[LdiJ]

Thanks for your reply. It’s the local municipality who contacted me. No, I was not aware of any issues. Everything functions well, and I’d had it inspected four years ago with no problem. Every four years, the town requestes homeowners to arrange pumping of their septic at which time the septic hauler that the homeowner chooses submits a report; I did not have the opportunity to choose my own provider because of this person’s mistake. I used the word ‘claim’ because I have no idea as to his truthfulness. I did not say he lied. I do know he drove right past my street number on my farm lane.

Ok, look at it this way:

You had it inspected and pumped 4 years ago. The town requires the homeowners to arrange a pumping and inspection every 4 years so you were due for an inspection/pumping anyway. If there is an issue, there would have been an issue anyway when your inspection/pumping happened. You got a free inspection/pumping out of the deal. True, you did not get to choose the company that did it, but it still got done. If there ends up being a problem with your system it would have been discovered shortly anyway.

 

[zddoodah]

Thanks for your reply. It’s the local municipality who contacted me. No, I was not aware of any issues. Everything functions well, and I’d had it inspected four years ago with no problem. Every four years, the town requestes homeowners to arrange pumping of their septic at which time the septic hauler that the homeowner chooses submits a report; I did not have the opportunity to choose my own provider because of this person’s mistake. I used the word ‘claim’ because I have no idea as to his truthfulness. I did not say he lied. I do know he drove right past my street number on my farm lane.

OK...it seems pretty clear that the pumping company made an innocent mistake. If the law allows the municipality to mandate a further inspection, then you'll have to allow it. I assume that, if you disagree with whatever determination is eventually made, there's a mechanism in the applicable law for challenging it. Without knowing what the issue is or anything about the applicable law, I can't imagine that anyone could tell you much of anything beyond that.

 

[Mark_A]

OK...it seems pretty clear that the pumping company made an innocent mistake.

Maybe, or maybe not. Sounds like a good way to drum up some business for the pumping company. But it would be hard to prove it was intentional.

 

[quincy]

Maybe, or maybe not. Sounds like a good way to drum up some business for the pumping company. But it would be hard to prove it was intentional.

Huh? The septic company shouldn’t expect to be paid because they were not hired to pump out the septic tank. That is a costly mistake. And the septic company showed incompetence, at best, by pumping out the wrong tank on a neighboring property. Those types of mistakes are hardly a good way to drum up business.

 

[Mark_A]

Huh? The septic company shouldn’t expect to be paid because they were not hired to pump out the septic tank. That is a costly mistake. And the septic company showed incompetence, at best, by pumping out the wrong tank on a neighboring property. Those types of mistakes are hardly a good way to drum up business.

Depends on whether the company also rebuilds septic tanks. Even if he only does pumping, it may be a way to get future business. I didn't say it was, only it was possible. I have seen HVAC companies do free or heavily discounted inspections/checkups and then all of a sudden there are lots of problems that didn't exist before.

 

[quincy]

Depends on whether the company also rebuilds septic tanks. Even if he only does pumping, it may be a way to get future business. I didn't say it was, only it was possible. I have seen HVAC companies do free or heavily discounted inspections/checkups and then all of a sudden there are lots of problems that didn't exist before.

I think “Uncagn” is unlikely to hire a company that not only trespassed on his property but whose trespass might result in Uncagn incurring the costs of a new septic system.

 

[Mark_A]

I think “Uncagn” is unlikely to hire a company that not only trespassed on his property but whose trespass might result in Uncagn incurring the costs of a new septic system.

Depends on how many other companies do that kind of work around there and what the quote is for the work. I am always suspicious when someone says they made a mistake like that. If the pumper had not other business at that moment, then it didn't cost him anything (or very little).

 

[quincy]

Depends on how many other companies do that kind of work around there and what the quote is for the work. I am always suspicious when someone says they made a mistake like that. If the pumper had not other business at that moment, then it didn't cost him anything (or very little).

The septic company had another job - next door. The company went to the wrong address.

 

[Mark_A]

The septic company had another job - next door. The company went to the wrong address.

Yes, according to OP that is what the vendor "claimed." I didn't say the vendor was lying, but possibly lying.

 

[quincy]

Yes, according to OP that is what the vendor "claimed." I didn't say the vendor was lying, but possibly lying.

I think you are reading too much into this. That’s not helpful.