Neighbor's new septic over prop line

Seat_Time · Sep 7, 2006

Buyer John,

Thank you for the thoughtful post...I'm sure it was no easy chore to read through all of the responses! The septic mound is actually situated right at an inside corner. I own along side and behind his lot. The laterals will be perpendicular on one side or the other...

The two "authorities" here are the township and the health dept. The township sent me the minutes of the meeting where they agreed the onus was on the neighbor to prove he was in compliance vis a vis property lines...he needs to provide his own survey. Of course, I've already supplied a survey to the town...I don't think his will show anything different. The town clerk told me the ball was in the neighbor's court. The other player is the health dept. and to tell you the truth, I'm not sure I understand who has the final say. The health dept has to approve the system...but does that mean they can/might "approve" the system's functionality and leave the set back issues to the township. I have an email into the health dept...

swiftboot · Sep 7, 2006

Seat Time, i would think the health dept would have to comply with the townships setback limits, however, without a code enforcement board, good luck on getting the setbacks enforced. I dont recall if you have made a visit to the health dept, but that may be in order as they fall under state mandates. (at least in florida) I would take a day and meet with the health dept in person and not worry with emails. Keep up the good fight..

dbdartman · Sep 7, 2006

Seat_Time, good luck from a former Lambertville resident (I owned the yellow, now brown (at least the last time I was by there a few years ago), house on the hill behind the Golden Nugget flea market on Rt29 back in '80-'82, & worked at the welding shop behind West Amwell Supply on 518 from '86-'00).

buyerjohn · Sep 7, 2006

Seat -- from my experience, the health dept. has a bigger hammer than the town...I would imagine his permit is from the health dept. and not the town but that's from my experience ... your area could be different....

Have you flagged the lot line? I hate to suggest paying money for a problem you didn't create, but what about putting up survey lines exactly where the lot line is? This at least serves notice that you know where they are and plan to enforce them.

I know you are in a tough spot with the neighbor who you want to be friendly with...BUT... your neighbor isn't exactly moving mountains to fix the problem that HIS contractor created. The longer this thing drags on, the greater the odds are that you will be left with a less than clean solution from your perspective.

You are now into month 2 since this began...has the neighbor moved ALL of the material off your land? If not, I would have a chat with him and set a DEADLINE for its removal. Tell him your attorney is very nervous about the whole thing, has had prior bad experiences, blah blah, blah ... the bottom line is that you need that mound off your property - its the quickest and easiest and cheapest fix for YOU in a problem that you didn't create!

Let the neighbor then come up with the answers of where to put his septic field...let the neighbor suggest an easement, purchase, etc....you've been kind and patient...but you need to draw a line in the sand with respect to your property or others will just take advantage of the situation and you'll be left holding the bag...

Certainly a letter from your attorney to the health department about approving illegal septic installations will get their attention - especially if he happens to mention that they will be held accountable for damages. Or, offer your neighbor an easement for $5K-$10k so that your costs are covered...

but this has turned into way too big of a nosebleed for you...and you didn't do anything wrong! If it was me, I wouldn't worry about the setback but you could suggest the liner as a solution to that part of the problem.

John.