My Neighbor Wants an Easement on my Property for a Sewer Line, But I’m Against it, What are my Options?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.

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