Any one ever sued the city and collected.

[NorTracNY]

If this house has been abandoned for many years, it likely doesn't have a certificate of occupancy anymore. Check with the code enforcement officier to see if it was ever removed. For him to have a COE, he would likely need to have a legal septic system to get it again.

 

[MossRoad]

Especially if the fence posts just happen to be centered on the green stripes

Aaron Z

Or if the new posts spear the leach field.

 

[MossRoad]

Here's what could happen....

You're going to rile someone up in the government office, they'll come out and inspect, involve the health department and building department, then you're going to be forced to move your well out of the poop area at your own expense. The neighbor will be forced to put in a new septic at his expense on his own property. Lawyers will be involved at great expense to both you and him. Both of you will then despise each other forever and eternity no matter how it turns out.

I'd say try to work it out civilly, but it appears its already gone past that point.

Be really, really careful how you handle it when you decide to go to the government. You may want an attorney to do it for you. Good luck.

As for suing a city, before I was born, my father and a partner bought up about 20 acres on the outskirts of town and subdivided it into about 17 lots. My dad's partner took the large lot at the end of the street that was bordered by 3 streets. South border was the new street for their neighborhood, west border was a busy city street/road, and north border was a dirt county road (the city limits at the time). He had plans for a nice house with three stories, cascading down a hillside on the east of the lot, kind of like two walk-out basements stacked and a nice 3rd floor, facing the busy city street. Really neat. Sometime between the time when he bought the property and the time before he built, the city ran a mile and a half lone 8' diameter concrete drainage pipe that drained the north half of the airport, a planned industrial park, two planned subdivisions and a large school right under the busy street on the west side and ending in his lot! Then they cut another 8' pipe under the dirt road on his northern property line and continued to a retention pond. So, in effect, they put an open drainpipe into his property, made it a retention pond that overflowed into the other pipe before it left. Made the property worthless.

He sued. He won. What did he win? The city had to buy his property for what he paid for it. And they had to pay for the house plans that the architect drew up. And as I recall, they had to pay for some building materials that were already paid for. And that's about it. No pain and suffering, as they say....

 

[TheMan419]

Did you have title insurance when you bought your property? If so they may be on the hook for the encroachment. So I would start there. Also when you bought the property if the person that sold to you did not disclose the encroachment they may be on the hook too.

You need a good property lawyer.

 

[Streetcar]

Did you have title insurance when you bought your property? If so they may be on the hook for the encroachment. So I would start there. Also when you bought the property if the person that sold to you did not disclose the encroachment they may be on the hook too.

You need a good property lawyer.

Title insurance claim would only work if the lines are legally installed with easement. Title insurance would not cover illegal underground encroachments
I agree with moss that involving government will only bring issues,they are not responsible for improperly installed septic lines

 

[coldsteelva]

Title insurance claim would only work if the lines are legally installed with easement. Title insurance would not cover illegal underground encroachments
I agree with moss that involving government will only bring issues,they are not responsible for improperly installed septic lines

This is not necessarily true. When I purchased my property, there were different coverage levels of title insurance available - up to and including going to battle for the property owner if someone encroached or any other property line dispute arose. In the grand scheme of things it was inexpensive.

http://www.titleforward.com/assets/documents/TitleForward_Coverage_Comparison.pdf

 

[John White]

I hate legal entanglements. And really don't have a great love for lawyers. I was pretty sure before I asked the question about holding the county responsible. I have worked in the septic installation business and have dealt with them. They send some one out who is just out of college to meet with you and tell you where the septic bed has to go. They have never installed a septic system before and some of them don't even know that water runs down hill. You try to explain why that wont work without problems and they insist you have to do it their way and then after the system is built and a year so later you see sewage ponding in the yard and they don't want to take responsibility. They literally have the power to bankrupt a co. My plan as it is now is to first have my water tested , (we have never drank the water since we built here 10 years ago, we get all drinking water from a spring some where else) Next I will probably talk to a attorney. Then casually talk to him and see what he wants to do before involving the county. I would want the lines dug up back the required distance from property line and ditches filled up with new dirt. I will have the same done on my side. If pipes are simply cut, water will migrate through the gravel. If I don't do this and we decide to sell our place I am afraid it would affect the price and may have to dig a new well. We live out in the country and have live in the country most of my life. I have seen people from the city come out and buy a lot from a farmer and build a new house and them complain about the manure smell from him. Hey, its the country and he has animals. Next a few more build, and first thing you know they have him in court and he has to defend his operation. I often see signs in the country now where they are starting a housing addition that says. " This is the country, we have animals, manure, flies, chemicals applied to the ground for crops, if you don't like it, don't build in the country."

 

[coldsteelva]

The same goes for airports. There are not a bunch of new airports springing up; they've been there for 30+ years (more in most cases), yet a bunch of people build/develop/move in next door and then have the gall to complain about the noise.

 

[bcp]

The same goes for airports. There are not a bunch of new airports springing up; they've been there for 30+ years (more in most cases), yet a bunch of people build/develop/move in next door and then have the gall to complain about the noise.

And they don't want trains to run at night or to blow horns at crossings.

Bruce

 

[BTDT2]

Or if the new posts spear the leach field.

I would make sure my new fence is on my property and use additional concrete as necessary in the 'soft-green-stripe-areas' to insure post 'stability' and preclude water intrusion ;-)