Neighbor's new septic over prop line

[WhyNot]

More than likely the Health dep has not gotten back to you because I believe the state does not open fully until Monday(but that's another story). Now have you talked to your neighbor about this? It may just be that your neighbor was not around the day his contractor worked on the mound and did not realize that the contractor goofed cause 6 feet is hard to see with an imaginary line if you don't know where to start. I would just ask him to meet you out there some day soon and discuss your option's like him paying to fix it you selling or trading the land or for him to get his property surveyed could be your's was off (not saying it was). Just try not to get the officials involved cause what comes around goes around.

HAPPYCPE seem's as though great mind's think a like Your's just hit's the send key faster

 

[HappyCPE]

More than likely the Health dep has not gotten back to you because I believe the state does not open fully until Monday.

HAPPYCPE seem's as though great mind's think a like Your's just hit's the send key faster

This is a county-administered issue, not state, so I don't think the circus in Trenton matters. But we agree about the state - there IS a difference in north and south jersey! We do think alike!

 

[WhyNot]

my mistake I have never dealt with the health dep. so I assumed that like all the building insp. down here they too were paid by the state.

 

[rozett]

The girl I spoke with said that there may also have been a variance granted that allowed him to install within the 10" set back...the only way for me to find that out would be to go to the health dept and have the file pulled.

I am not familiar with the laws in NJ, but in all of the New England states, in order to be granted a variance, all abutters must be notified by certified mail and there must be a public hearing. Also, I don't know what kind of "float" the girls described to you, but here in Maine, the Code Enforcement Officer has no authority to approve any "float" or to deviate from the septic design required by law and approved prior to moving one grain of dirt. ( I sit on the local Zoning Board of Adjustment).

I would continue to gather info and then have a chat with the neighbor. He may not know that there is a problem. But under no circumstances would I let the septic be left in it's current position.

 

[Cowboyjg]

HappyCPE...

I think the concensus is (your input included) that you will undoubtedly do something, and you need to. I realize that you've been info gathering and you want to be in a comfortable place knowledge wise before you approach your neighbor but....I know if a neighbor I was friendly with had a problem with something I was responsible for, I'd like to know right away and be allowed to be part of the problem solving effort. I would feel bad enough being blindsided by the existance of the problem but to be approached with a "and here are your list of remedies to choose from" would put me in a seriously defensive mode. I guess I'm just saying that approaching you neighbor earlier than later would be better than worse. I don't know that this is an easy or pleasent fix any way you shake it. You may want to consult a real estate attorney just for your own piece of mind.

Best of luck.

 

[KYErik]

Nicely ask him if he minds if you knock the edge of the mound off to have a flat spot for a fence and tell him you need a flat spot for the fence and tell him you don't want him to later get in trouble for having a defective mound because you needed to level your property a little prior to fencing.

Or nicely ask him when his contractor is planning to finish the mound- if/when he tells you that the mound is complete, mention that they forgot and left a bit of dirt on your side that will interfere with your fence.

I have a related problem on my property. I just bought the property (a 17 acre hay field that adjoins my 8 acres) spring 05 and last fall I noticed a muddy spot about 150 feet from my neighbors propery line (200 feet behind their house and a little down slope). I took a 16 inch deep scoop with my backhoe and smelly black sewage water clearly bubbled up from the bottom of the hole (I did not hit a leach line, it must have been broken there from quite some time- hence the wet spot before I dug). My neighbor had just bought the property 6 months ago and had no idea that his leach field was under my property (the house/lot and land were originally all together and were split from eachother about 20 years ago). It wasn't his fault that someone goofed when the land was subdivided, so I put that scoop of dirt back and added a bit more dirt to the pile to raise the level of that spot a bit and didn't say anything about it. It does help that this spot is in a remote area of my property so I can avoid it when cutting and baling hay.

If it was right in my backyard- hmm, it would be a different story. I'm not sure what that I would do- I am guessing that it isn't customary to separate the leachfield from the rest of a lot- or is that considered OK?

 

[MotorSeven]

Seat,
I agree with EricKY as to the first plan of action. It is better to go at it that way then to start throwing rocks. If, then he does not take action, or shows his rumph, then go on to plan "B"

Dargo,
What the **** were you thinking? I can't believe you are so stingy that you won't let your nerghbor flush onto your yard, that's free fertilizer, and besides, what do you need asphalt for anyway? To high and mighty to drive on gravel?? Sheeze...........

RD

 

[Cowboyjg]

Erik,

You might want to consider getting with your neighbor about that. Assuming that you, and or he, have title insurance, it is very possible that situation is covered. Take a look at part B of your title policy for exclusions. It's worth filing the claim as the worst they can say is no. And unlike other types of insurance, you can't be cancelled or have your rates raised or anything like that. Chances are that they'll foot the bill to have the system relocated off of your property.

 

[JimR]

Here's a few thoughts to ponder on that will make you have them move it. I'd be willing to bet your neighbor told the contractor to stick that ugly raised system at the back of the property line. The contractor figured out the area without the slope, then he built it. The slope ended up on your land. So let's say you do nothing about this. A few years go by and his system fails. Where it fails is on your property. What are you going to do now? Trying to get this settled later on will really cost you. The local health board and inspector is going to say, why didn't you notify us when you found it? Why did you wait 3 years to notify us? What do you expect us to do about it now? It is on your property and you allowed it to stay there. Take care of it now before it is too late.

 

[JimR]

"If it was right in my backyard- hmm, it would be a different story. I'm not sure what that I would do- I am guessing that it isn't customary to separate the leachfield from the rest of a lot- or is that considered OK?"



To answer your question, NO it is not right to seperate a property knowingly leaving the leach field on someone else's property. Someone really screwed up there. Their septic system is now your responsibility as you own it. I would do something about this to get this straightened out. The easiest way would be to sell them the land involved. The hard way is to make them build a new system on their own property.