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.
“I just bought a house and decided to install a privacy fence next to my neighbors house. After digging the post, we discovered PVC piping on my property. The next day we received a stop work notice for our building permit and to call the building inspector. Apparently the neighbor says he did not know about the piping which happens to be his sewer and is in the process of trying to get an easement. I don’t want an easement and want him to move it. Can I make him move the sewer line? Can I cut it off my property and cap it off? It is PVC so it can’t be older than 1986 since it was installed. What are my options?”
Question: I wouldn’t do anything too precipitous at this point. If the local sewer authority has the right and inclination to force an easement over your property, then you’re pretty much stuck. If it does not, then the next question would be whether your neighbor already has an easement by prescription by virtue of having had the pipe there for a long time (the length of time depends on the state you’re in). In either case, you would be causing more problems than you solve by interfering with the sewer line at this time.
