Jump to content
Sign in to follow this  
MTempest

Neighbor's septic on our property

Recommended Posts

We live in Indiana. We built our home in a subdivision 10 years ago. Our neighbor's house was already there. Today, we just found out that the perimeter drain surrounding the neighbor's septic field is on our property. The builder placed it there before they sold us our property. We did not know it when we purchased the land from and built the house with our contractor. The state health department told us that they would not require the neighbor to move it. I asked them if they required the land to be surveyed when the approved the neighbor's septic system. They said no. They took the word of the builder/developer as to where the property lines were at the time. Then, the state health inspector admitted in the same conversation that the developer may "fudge" where the lines are in order to get the system approved. I asked why they required us to have the property surveyed in order for them to come and assess where our neighbor's system was located. He did not respond. He summed up his findings by saying that it was "common" for perimeter drains to be on neighboring property.

Can we require our neighbor to move their septic field because their perimeter drain is on our property? I feel with certainty that it lowers our property value and I would not have purchased the land had I known it was there.

This all came into question because the neighbor's septic system was malfunctioning and draining onto our property. Although that seems to be resolved for the time being, we have no confidence that it will remain that way.

Share this post


Link to post
Share on other sites

Okay, first off, re-read your post. Ten years. TEN YEARS. And evidently you've not suffered some traumatizing overwhelming problem or inability to use your property in any way, shape or form because you had NO IDEA this drain was there. :) You haven't even said "The folks across the street have a virtually identical house and identical property, and their property is worth $50,000 more -- and I'm convinced it's because of this fracking drain." With this mind, let's proceed.

Whatever was the case 10 years ago in terms of permitting procedures doesn't mean it has to be the case now.

"Can we require our neighbor to move their septic field because their perimeter drain is on our property?"

You're asking strangers to be psychic, which is not quite fair. That said, as put, the answer to the question is "no". You're free to ask a court to force them to, but obviously it would be best to discuss first with a local real estate attorney the chances that you'd be successful before you plunk down X thousands or tens of thousands on attorney fees. (And given the cost, I'd want that attorney to summarize in writing case law and statute that supported any assertion by him-her that there's a great chance you'd win before you decide to proceed.)

"I feel with certainty that it lowers our property value ..."

Sorry, but are you a realtor? If not, it's not clear why you'd decide that your feelings (gut or no) are accurate. Ask several realtors to put their assertions in writing -- if you can find any that says this makes a difference.

"... and I would not have purchased the land had I known it was there."

Hindsight talk is, I'm afraid, not productive. And I suspect it's inaccurate, given you didn't provide a laundry list of reasons why you've suffered with this drain for a decade.

"Although that seems to be resolved for the time being, we have no confidence that it will remain that way."

And you have no real reason to think it won't. Presumably these folks have gotten a clue about septic maintenance.

Share this post


Link to post
Share on other sites

My neighbor has his septic tank on my property. If anything goes wrong with it I am the one who reports it. Then they come onto my property to fix it. It has overflowed a couple of times. Can I have them to remove it from my land? I live in Oregon.

Share this post


Link to post
Share on other sites
2 hours ago, Louy51 said:

My neighbor has his septic tank on my property.

 

This is a nine year old thread involving a different set of facts in a different state.  Start your own thread, please.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...