Neighbor's new septic over prop line

[Doc_Bob]

In my area, an inspector has to sign off on a mound system. No one would allow a septic to cross property lines. Whoever built it is a "knucklehead". And now that it is partially on your property, are you now responsible for it if it leaks?
Bob

 

[Seat_Time]

Yesterday I called the health dept and was upfront with them in that I said I had a problem, but that I didn't want to say who my complaint was with...I was still mulling over what I was going to do. They allowed as how the set back is 10 feet from the property line. The install has some room to "float" in proximity to the original soil test and in proximity to the designated install area. This float can be as much as 20 feet. In my mind, that doesn't mean the float can encroach on a property line set back. It does mean (to me) that if you were installing in the middle of your own property, and there were no borders in question, you'd have a bit a leeway in situating your septic within a given permit's specified area. 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. Yesterday I was unwilling to go that route as it would have tipped my hand...I was just fact gathering and didn't necessarily want to "out" him. She went on to say that the inspector's final sign-off could possibly have been done and that he/she would not have necessarily known that the install was over the line. Again, without saying who I was, everything was hypothetical. Further, the things that could affect my property use are location of a future well and/or swimming pool (the first two things that came to the girl's mind) I don't have plans for either of them in that area. The two things driving this bus are the fence install and future house sale ramifications. I guess I'll find out about any variance since I am now willing to go on record as to the property line breach. If there indeed was a variance granted then I will soften my stance. The thought process being that the infraction of 6 or so feet is not as egregious as ten feet plus the six or so feet over the line...meaning perhaps there was no colusion between the contractor and neighbor as to the install being so far off by design or to facilitate laziness. I still won't be happy. The property line is the property line. I'm curious as to why the health department hasn't returned my calls today. I'm anxious to go on the record with them before anything is signed off as job well done. I would think this type of thing would get them cranked up...

 

[tglass]

Hold on now. Maybe your neighbor isn't the fault. I'de talk to him first as it seems the contractor (unless I misunderstood) installed it. Generally it is the contractors responsibility (not the owners(another reason to hire a contractor)) to keep within boundries and all leagalities. Your neighbor may not even be aware of the problem or that you have a problem with it. He also should contact his contractor and tell him it needs to be resolved at his expence. Just hate to see good neighbors hate each other because of neithers fault.

 

[rox]

Seat time,

Makes you wonder why the neighbor let the contractor finish the job and leave when clearly the job was over the lot line. Most people would not let a contractor finish a job and leave if it was done incorrectly.

 

[Dargo]

Gee, am I glad I don't really have any close neighbors. Where I lived before I built where I now live I had a neighbor who asked me if he could run a long leach line across my property. I told him that is sounded like that would be an issue and I'd have to get back with him.

I come home from work the next day and found that my paved driveway had been cut and refilled with gravel and about 150' of my yard had been dug up and back filled. When I immediately confronted him about it, he said he was having trouble with flushing his toilets and couldn't wait for me. What a jerk!!!

After consulting my attorney the next day, I dug down to where his line crossed onto my property, cut the pipe off and capped it. I then had my attorney send him a certified letter giving him 30 days to repair my driveway and to remove all pipe under my property and to return my yard to the condition it was before.

The jerk never paid to repair the damage he did to my driveway and yard, but he had to pay to have a completely new septic system put in on his property. In doing so, he did run an "overflow" pipe from his septic system to where it dumped right onto my paved driveway. It pretty well ran constantly and kept my driveway wet and yard soggy on the other side of the drive. That is when I called the health department. They determined that he was dumping sewage on me and gave him 14 days to correct the issue or evacuate his home.

He yelled, threatened, and complained like crazy. He also had a 3rd septic system put in within 30 days. In the interim my house sold and I moved.

 

[rox]

Dargo,
I guess I jsut dont' understand people! Your story seems almost unbelievable. That a neighbor would actually cut into your driveway without your permission???, that guy had hoops.

 

[JJT]

How far did he encroach onto your property? How much material is on your property? If it's just the tail of a gradual slope, with only a few feet and few yards of material of material over the line, what's the harm? Can he build a retaining wall and stay inside the setback? I like the idea of a minor property swap.

I'd talk to the neighbor and see what's up. If he's working the issue, keep the communication lines open and be cordial. If he's a jerk about it, get the county folks involved.

 

[hudr]

Wow. Threads like this defintely confirm my choice to live in the middle of 55 acres and keep up a long driveway. And outside any municipality.
Interestingly enough, a similar deal was how I wound up w/ a 1/2 acre that joined my property. Long story short, I had a fence built along my property line, fence curved over onto this 1/2 acre. Owner (absentee, BTW) came to the house and asked me about. I totally understand his concern. W/ only a 1/2 acre, even a couple inches encroachment is a big deal. So I posed the question, instead of me moving the fence, how much will you take for the land? It was August, hot and humid, and I had much rather have the land anyway. He named a price and I wrote a check.
So, someone else posted about swapping some land out to cover the "overage". Is that an option? I am definitely against the red faced, jumping up and down screaming scenario (at least at first).

 

[jimg]

As for the variance its been my experience that abutting property owners would be notified. In my case we were notified of a request for variance and invited to the planning board mtg which would discuss what the neighbor had in mind. I would be surprised if it doesnt work like this (or very similar) in NJ. So, if you werent notified then a variance probably wasnt issued. It also seems that somewhere along the line of inspections some one from the town or state would have noticed the property encroachment. In NH, my experience, a septic plan had to be submitted to the town and state in which property lines had to be shown. If the septic was close to the property line it was very likely the inspector would make sure it was w/i the property and/or buffer zone.

 

[HappyCPE]

Seat Time, you have recieved a lot of good advice here. [Wish I had seen your post earlier.] Contacting Hunterdon Cty Health Dept was a good idea; they are generally reasonable people. Now talk to your neighbor, ASAP.

Sounds to me like the contractor is an idiot and put the septic system in the wrong place. I say that because I have worked with a couple of designers in the area and they almost always site the system as close to the center of the property as possible, to avoid long-term claims with contamination of someone else's well. Your neighbor had to have a PE design the system and the contractor has to follow the design or else he can have the state pull his license. Contractors come and go but NJ septic design engineers are a careful bunch!

Your neighbor needs to be aware of what's happening so that he can stop any payments being made to the contractor. As a contractor myself I can tell you that lack of funding is my #1 attention getter. Your neighbor may have a fight on his hands and he will need your support.

Finally, are you sure about the property lines? I bought my 17.8 acre place last year, had it surveyed by the same guy who had done it 20+ years prior and does the township tax maps, and came up with 13.4 acres. I have survey pins all over the place, in some surprising areas, and nobody can tell me where the missing land is. This is another topic, of course, but my point is make sure you are right before blowing the whistle.

Good luck and keep us posted....