How to Handle Property Easement Issues with Neighbors

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“We own a property on a private road with 14 homes. We all have septic and wells. We have an irreparable septic problem. We have been denied a permit for a new on-lot septic option. We do not have the appropriate soil conditions, distance from a stream, etc. Our neighbors have reported us to county and local government. Thus causing us to enter into the legal system to fight it. We have tried and tried to fix the problem, including suing the person that we purchased the house from. None of that has made the septic problem go away, nor would it. Our only option is public sewer. We have a developer who is ready to put in a private line to a sewer main. All that we need is for the neighbors to sign giving us an easement to put it in along the private road. They are giving us a hard time about it and will not sign. Yes, the same people who turned us in. We are under a court order to fix the problem. We have been told that we cannot put the line in without the signatures. We cannot find anyone who can help us. The township, county and the sewer authority have no recommendations. The only thing that we were told could be an option is to call the county and see if they will force the sewer authority to put in the sewer line. Calling the health department is what got us into this situation. We do not want them to condemn our house. Although it would be the easiest option for them, instead of trying to force the sewer line. They would need to run tests on all of the homes on the road. They were supposed to schedule this 2 years ago and still have not. Is there anyway to force the easement through so that we can fix our problem? Thank you in advance.”No.

Question: Forcing your neighbor to grant you an easement would be taking his property (in part). You have no legal right to do that. The sewer authority, being part of the government, might have that right.