Neighbor's new septic over prop line

[KYErik]

Cowboyjg- I didn't realize title insurance was good for that sort of thing. I didn't get title insurance because I knew/trusted the family that I bought the land from. It had been owned by members of that family for 60 years and I knew that it didn't have any leins on it. Whoops.

JimR- Thanks for the advice, but I don't feel like asking him to purchase the land just yet. The guy that bought the house is a plumber's apprentice, so if/when he ever has septic problems that require a new leach field and the truth comes out about where his is located, I would guess that he has connections to someone who can place new leach lines in his own backyard.

 

[EddieWalker]

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.

From my experience with Title Companies, there insuranc policy covers claims that are filed from mistakes or third party claims against the home owner based on the date of sale. If something happens on your land after you've closed on the property that is new, than no title company would get involved.

The neighbor had work done to his land that encroached on the neighbors land. This has nothing to do with a title policy.

The neighbor and/or his contractor is at fault here. The question is what process will get it resolved the fastest and easiest with minimal long term damage to their relation to each other as neighbors.

I'm of the opinion that the first thing to do is bring it up with the neighbor and see what his response is. He screwed up real bad, so there's allot of options to push this.

Eddie

 

[penokee]

You've received enough advice, but would like to repeat what was mentioned earlier - You should be 100% sure where your property line is, and that can only be determined by a State Licensed Land Surveyor (or Court Order). You should also have a Certified Survey Map on file in the local Couty Office (Frequently the Register of Deeds Office). This would be mandatory if you should have to proceed to litigation now or in the future. Good luck.

penokee w/2dogs

 

[Cowboyjg]

From my experience with Title Companies, there insuranc policy covers claims that are filed from mistakes or third party claims against the home owner based on the date of sale. If something happens on your land after you've closed on the property that is new, than no title company would get involved.

The neighbor had work done to his land that encroached on the neighbors land. This has nothing to do with a title policy.

The neighbor and/or his contractor is at fault here. The question is what process will get it resolved the fastest and easiest with minimal long term damage to their relation to each other as neighbors.

I'm of the opinion that the first thing to do is bring it up with the neighbor and see what his response is. He screwed up real bad, so there's allot of options to push this.

Eddie

So as to qualify the information I provided.

1) Based on the information provided, the work was done prior to the split and subsequent purchase of the property by Erik and his neighbor which makes it an existing condition.

2) The existance of the system should have been identified on the survey, provided one was done, prior to the sale of the house and/or the vacant lot. It is important to understand that not every state requires that the purchaser of the property have a title policy or a survey performed. If there was a loan procured for the purchase of either property you can be assured that the lender has a title policy to protect thier interest.

4) Title insurance is not only to provide insurance against any leins or title issues relevent to the property but also deficiencies or errors in identifying encroachments or other adverse conditions.

5) and probably the most important aspect....My Mrs is responsible for managing multiple locations for one of the largest title insurers in the country. Part of her responsibility is reviewing documents for compliance and accuracy.
For all of your experience in this area I think she wins 5 penalty kicks to 1.

Regarding your opinion on Eriks need to approach his neighbor at early going, I agree with you.

Respectfully submitted

 

[BillG_in_TX]

Eddie & Cowboyjg,

There are two different septic system incursions being discussed here. Seat_Time's (the original poster) involves a new installation, KYErik's involves a pre-existing installation when he bought his property.

 

[Cowboyjg]

Hey Bill,

You are correct. I did not pick up on Eddie's confusion. I apologize for any percieved hostility.

 

[InlineDieselFan]

you need to deal with it now, or very soon. you have been given lots of ideas choose the best one/s to help you out.

as someone mentioned what if there is a failure of the system? When we did our septic system last year we were able to go with a pressure system not a mound system as most people have in the county. Both the county health inspector, the workers on site and the septic installers all said that mound systems will fail in 5-10 years. Depending on how much use they are getting, and if every layer was done properly. I am sure that this little tidbit will start a thread war but this is what I was told unknown if it is true or not. If it fails and is on your property is it your responsiblity or his?

any case do not take a chance deal with the neighbor now.

steve

 

[Cowboyjg]

Reading back through the thread I also did not pick up on my own confusion when I addressed my reply to HappyCPE instead of the intended Seat_Time.

There...I'm square...

 

[EddieWalker]

Hey Bill,

You are correct. I did not pick up on Eddie's confusion. I apologize for any percieved hostility.

Bill,

Thanks, I was confused and thought we were talking about the original poster and his problem with his neighbor putting the system in with the mound 6 feet across his property line.

Cowboyjg,

My apologies if I was rude, it wasn't my intent. I thought you were recomending the title company be used for the original post.

My knowledge about title companies comes from once being married to a tittle officer in California, then here in Texas.

I also have some direct experience with my parents property in California. After they moved into their house, they wanted to fence it in. After they couldn't find the survey stakes, they hired a surveyor who figured out that the neighbors house was several feet across the property line.

The title company said they would pay for the survey and all that was involved to adjust the property lines. They wouldn't pay for any compensation since the property owner was willing to swap land.

This was a pre-existing condition that was never caught when the previous owner bought the land and built the house.

Everyone is happy now and it worked itself out. The title company did what they had to, but only after being forced to deal with it, and only the bare minimum they could get away with. I'm sure each office handles these problems differently too.

Eddie

 

[Seat_Time]

Seat Time's Update:
I called my neighbor on Saturday around lunchtime...his answering machine picked up so I left a message that I'd like to meet and chat about the job his contractor did on the septic. So far he hasn't returned my call. I'll try again today from work.

I have a couple of pictures now...this'll be my first attempt at adding pics to a post. Fingers crossed...If these take alright I'll add a couple more showing the other property line.

The first pic with the split rail fence shows the septic mound in the backround. The fence is mine and my intention is to re-fence about a foot inside my property line, which would put the fence about ten feet to the right. You may be able to make out a wooden survey stake with orange tape in front of the big boulder. There is also tape tied to the branches above.

The second pic is taken from the same end of the mound...I just walked around the boulder from the first pic and shot down the same angle/direction. You may be able to see a wooden survey stake at the end of the mound. Essentially, the property line runs right about at the edge of the "flat" top of the mound...maybe just a little down the slope from the "flat" top.

Maybe I'm making too much of this as when you look at the pics it doesn't seem too bad...