Neighbor's new septic over prop line

[Seat_Time]

I need to bounce this off of the membership please...here goes:

My neighbor just put in an above ground septic system and the slope comes over the property line by about 6 feet. My initial reaction was one of dismay, then slight anger, then think things through, then back to slightly elevated anger...now TBN for advice. I feel like this could be one of those "nice guys finish last" deals whereby I'll be the nice guy by letting it slide...but this may come back to bite me later.

The details:
I get along with this neighbor of five years (he was here first)...little favors like they fed and walked my lab when I was away overnight, he's offered to share his log splitter, I've offered to do tractor work for him if ever needed. We're not social with each other...just cordial. Niether one of us lives on a huge parcel...mine about 3.5 acres, his about 5 acres...we're not talking farms...strictly residential stuff. My property surrounds him on two sides...the line comes off the road frontage and then hooks behind him. I own along side him and also behind him...mine is an "L' shaped lot. He built the septic on the inside corner of the "L".

To be fair, he did tell me he was putting in a new septic. He must've intended it to be in-ground (below ground? I'm not sure of the terminolgy) as he asked if the contractor could spread the fill from the excavation over a portion of my property, otherwise the contractior would haul the excess away. I initially said that if it would save him some money that it would be okay, but that I didn't want a bunch of rocks/boulders. The intended area is woodsy/clear-ish. He allowed as how there was no money to be saved necessarily, he just thought I might want the dirt. No problem if I didn't as he knew the contractor well and that the contractor would haul the dirt away and sell it as fill. No skin off anyone's back. In that case, then, I said I'd rather not have the dirt spread over my property as there would no doubt be many rocks that the contractor wouldn't realistically cull from the dirt. Believe me when I say this is a rocky area...they are unavoidable...glacier deposits. Ok then. Well, now the job is done. I took a walk-about to see the scene. The area is about 500 feet from my house (not visible from the house) and along the wood's edge. I see that the septic system ended up being an "above ground" type and that the slope clearly comes across the property line on both lines. I say "clearly" as I had the property line and (inside) corner surveyed and flagged about 2 months ago in anticipation of putting up a fence. I wanted to make sure I didn't put a fence on his property. The flags and corner stake are still there and clearly visible. What do I do? I've since learned that the legal prop line set back is 10 feet from the "toe" of the slope. The "toe" is the end of the sloped portion whereby things are back to the "normal" ground level. By this reckoning, the septic is probably 15 - 20 feet over the set back.

I apologize for the long post...I wanted to lay everything out. I'm sure I propbably left out something though.

 

[Jimbrown]

I think you need to address this soonest with the neighbor. It appears to me that now you may have problems putting your fence on your property line and thus giving him the 6 fet of property Plus if I understand the setback he is probably in violation of county codes. he needs to get with the contractor and fix it.

 

[PineRidge]

In our area we have a specific minimum set back from the property line for septic purposes. Your septic can be no closer to the property line than said set-back. I believe it's 150 foot in my part of town and it's enforced. You may want to 1st see if there are any local codes regarding this that can be brought to the inspectors attention.

 

[BB_TX]

I agree with Jim. The sooner the problem is corrected the better. It could turn into a legal nightmare when you decide to sell. He and/or the contractor should have made sure everything was withing the correct property line limits.

 

[Paddy]

Proper name is Mound system

This is tough. Who chose the site? I would find out from the owner, did he show the contractor the property line?? Was there a health deptment inspector?? If the contractor is at fault, have them fix it

Short term, these are common problems. The owner to my north shed sits 4' over the line. Owner to the south has a barn sitting right at the line. We have 10' or 20' set back, can't remember. Long tern it's note that ends up in your title/deed.

 

[stumpfield]

I hope your county requires a permit to build a septic system. If so, there's no way they will approve something like this. Anyway, to maintain the good neighbor attitude, I would offer to "help" get this done properly. May be he doesn't know and got screwed by the contractor. I would contact to health department and find out the general requirements of a residential septic system. e.g. property line setback, well setback, soil test, permit...etc.
Call an discuss this as a hypothetical scenario with an inspector. Once you arm yourself with the facts and knowledge specific to your local area, you can discuss with your neighbor and offer to help fix the problem. I would try to avoid getting yourself into a property line dispute unless there's no other solution. If the septic is not build up to code, then let the authority do their job and avoid a confrontation with your neighbor.
I once involved in a property line dispute. Believe me, I would avoid it at any cost. Win or lose.

 

[ByronBob]

Call the county health dept. Find out the rules first.

Could you swap property for this piece with a piece of his somewhere else?

 

[TwinWillows]

I'm always amazed with the stories of people w/neighbors that build stuff on their porperty. None the less I see something like this in order "hey neighbor, your "thing" is on my property. When are you going to get it off? This week would be good for me since I'm starting my fence next week".

 

[Seat_Time]

Just got back from lunch...so many responses already. Thanks much very your interest. I just left a message with the county health department asking that they please call me so i could inform them that my property line was breached by a new septic system. I'm nervous that if they sign off on the system as a matter of course, that that might be the nail in the coffin. Taking from the advice so far, I think that going on record/informing the health dept, they'll have a duty to react...they can play the heavy. I will play the "annoyed with his contractor" bit and inform my neighbor that I am sympathetic to the hassles the regrading might entail. At least as far as this morning, the heavy equipment was still parked in his yard.

As far as my envisioned fencing...yes, the way things are now, any fencing will be a problem. I don't want to fence too far inside the line and, in essence, cede the land. I will take pics this weekend.

 

[RonMar]

If you are Cordial with the Neighbor, I would first try and keep it that way and go and talk to him about it. Check and see what the setback is supposed to be for this type(or any) installation and get all the facts straight, then go talk to him. Let alone being closer than any required setback, the physical installation is over the line and interferes where you were planning on putting in a fencline.

That is one of the prime reason's for setbacks, to keep neighbors neighborly. If something like this happens, because of the setback regs, it is usually clearly evident who is at fault so it dosn't have to get personal. If he is a good guy, then assume it was an honest mistake(a costly one) and he will make it right. If not, there are always the regs to fall back on.

If there are setback restrictions for septic systems where you live, they may even be mentioned in your neighbors septic permit. Where I live, for the septic I have now(5 years old), the plans had to be sumitted up front when getting the permit approved, including test results, installation sketches of the property and measurements to relavant borders and structures.