Any one ever sued the city and collected.

[John White]

Exactly what is happening

And that is why I hate lawyers and avoid them like the plague. I try to handle things in my own way and if wrong I plead "stupidity". Here is what I cant figure out, it is a law, what do we need a lawyer for? . I remember a few years back, I wrote up a will, I had 3 5th grader kids read the will, independently, and asked all of them if it was clear to them. All of them understood it clearly. I Ask three lawyers and get 3 different answers.

 

[Sprinklerman]

grab a backhoe and practice digging in your yard . If you happen to hit pipes that are not yours . Oh well . As long as there is no recorded easement . Now the neighbor has a problem ,you dont

 

[KWentling]

What a mess. You need a new well and the old one needs properly plugged. Your neighbor needs a new drain field on his own property. Contamination of the ground water could be a huge problem. Is this well a driven sand point or a 640' drilled and cased well like mine? Are permits required for drilling wells where your at? Septic system inspections? I don't like lawyers either, but I would be looking for some legal advice.

 

[two_bit_score]

And that is why I hate lawyers and avoid them like the plague. I try to handle things in my own way and if wrong I plead "stupidity". Here is what I cant figure out, it is a law, what do we need a lawyer for? . I remember a few years back, I wrote up a will, I had 3 5th grader kids read the will, independently, and asked all of them if it was clear to them. All of them understood it clearly. I Ask three lawyers and get 3 different answers.

Its understandable not to like lawyers. The ones who can resolve a case without making things worse for everyone but themselves are few and far between.

But that is what you probably need. Initially just for advice and education on what to expect and what to avoid. Then later on for representation if things go too far and litigation ensues.

If you don't already have a lawyer you can trust - good luck and take time now to find one you can work with.

TBS

 

[dodge man]

I'll add another thought to the mix. If something is in the ground for a period of time, there can become an implied easement or an easement by usage.

I am a land surveyor and run into this situation, although not often. Stuff gets put in the ground, there is no record of it, someone splits the property up, and not everything that serves the property is on it. Electric services, water services, sewer line, phone etc can all be a problem.

 

[two_bit_score]

I'll add another thought to the mix. If something is in the ground for a period of time, there can become an implied easement or an easement by usage.

I am a land surveyor and run into this situation, although not often. Stuff gets put in the ground, there is no record of it, someone splits the property up, and not everything that serves the property is on it. Electric services, water services, sewer line, phone etc can all be a problem.

Don't most adverse possession statutes contain an 'open and hostile' requirement? So that the property owner, exercising reasonable prudence of his property would be able to discover the possession of the easement? Or were you referring to something else?

 

[dodge man]

Its not really the same as adverse possession. For example, say you have a water line that cuts across a corner of your neighbors property. Say its been there for 30 years. He finds out about it and wants to cut it. The water line has been in the ground for a long period of time. There MIGHT have been an easement created by this land standing usage.

 

[two_bit_score]

Its not really the same as adverse possession. For example, say you have a water line that cuts across a corner of your neighbors property. Say its been there for 30 years. He finds out about it and wants to cut it. The water line has been in the ground for a long period of time. There MIGHT have been an easement created by this land standing usage.

Another can of worms but with a very definite "maybe".

If it was a utility or a government I could see the possibility of an easement being created by use even without notice but in the case the OP posted of one single individual extending drain lines underground without your knowledge, no matter how long they were there if you didn't know I don't see how they could acquire an easement absent actual or constructive knowledge. That would be a big fact question for the jury.


In Texas the TSC ruled against a property owner and allowed an oil producer to get away with some property damage below ground in a kinda-sorta theory like that but not directly because they held the statute of limitations expired before the landowner had asserted his claim of damage. The landowner contended that because it was not visible they had no way to discover the damage before they actually did. It wasn't an easement case. So the TSC did not grant the oil company any actual right of possession they just blocked the claim for damage based on the statute of limitations. Emerald vs Exxon.

I never agreed with their holding but they weren't asking me to agree.

TBS

 

[dodge man]

I'm not sure, but its my understanding the drain lines for the septic were in place, someone then split the property but didn't allow enough land for the drain lines. I could be wrong but thats how I read it.

 

[John White]

The well is a permitted well by the county. Drilled well (about 80ft deep) I had it drilled where the county told me to. Got copy of permit for neighbor septic before he split lot. From what I can tell there 5 lines extending about 40ft on my property. Like I said, the neighbors lot looked like a jungle. I didn't realize there were any lines till new owner had it brush hogged. I could see the ditches where it had sank. Code in our area requires well be 50ft from any leach lines. The lines come closer than 50ft. The city or country will not assume responsibility for any thing. Just read about some home owners who had been paying sewer fee for years. Some started having problems and after calling a plumber found that they went to a septic tank. The city said SOL. Over $3000 to connect. There should be some law that holds the city inspectors accountable.