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Author:
lpiety (IN)
We recently purchased some property not knowing if the land would pass for a septic system, but were told from realtor that the neighbor beside us was tied into city sewage. The property is outside of city limits however the city sewage/water lines ran out to the corner of our neighbors property. I called the city to see if we could tie into the city sewage when our land failed the perk test. I was told yes, but that the city did not own the main pipe out to my property, it is private owned. Our neighbors have agreed to allow us to tie into their line that is tied into the private owned pipe. We contacted the owner of the private main pipe that flows to the main city pipe and he wants us to pay him for the right to run through his pipe. (keep in mind he has also tried to buy our property after we purchased it). My question is, are we responsible to pay him if we are tieing into the neighbors line not directly into his line?
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Author:
hj (AZ)
It is a legal question, but I would think so, since you are adding to the "load" on the line. In fact, I think he could prevent you from tying into the line by invoking the "one house per connection" rule that municipalities usually have, in order NOT to have to sort out whose problem it is when the line plugs up.
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Author:
srloren (CA)
Indeed a legal question but I think it is reasonable to pay to connect. Wasn't there a cost involved in installing the line you need to tie into? I would speak to the owner and see if you could come to a reasonable written agreement drawn up by a local attorney that would be tied to the title of the property (like an easement) to prevent future questions about it. The wording may be complicated but the question of who is to blame for a stoppage can get complicated. After all, it adds value to your property. Think about it. You are A and have permission to tie into B who is tied into the owner C, of the line you need permission to tie into. What if C has a blockage? Both A and B are also blocked. Should B and C pay for the blockage caused by A? No, but how did you determine that it was in fact A that is causing the problem? You need a Plumber that can measure from your clean out to determine exactly who is responsible. The Plumber will most likely know where the stoppage is. If the Plumber isn't sure where he hit the blockage and or you are not sure of where the lines are, that presents a different scenario. Hopefully you have clean outs every 50 ft assuming it is a long line. Good luck and be reasonable, maybe the owner of the line will be too. I would say at this point that this problem should have been brought up and an agreement made prior to the close of your escrow... in a perfect world.
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Author:
hj (AZ)
If A or B is blocked there is no question about whose problem it is. If A and B are both blocked and C is also blocked, (usually after it leaves the property), then it is the sewer's owner that has the problem, Otherwise it becomes a question of whether A or B caused the blockage.
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Author:
packy (MA)
sounds like my high school algebra class...
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