rights to sewer main going through neighbors property

[Brian Christensen]

Hi,

I have a rental in which the sewer main runs through the neighbors property to the street. The main was crushed per the line camera and the section is on their property, likely their front yard. I cannot get a hold of the owner to start the repairs, even though the property manager has left notes on their door. I am unable to get any info on the county record. The main still works, but could fail anytime per the plumbers. Anyone familiar with what are my rights or recourses are in this situation? I assume I need their approval. I need to get it fixed asap. Have tried for 3 days to reach him. Any advice is appreciated.

Thanks, Brian

[Jerry W.]

Hey @Steven Hamilton II, here is the way it works in my state.  First you should have a utility easement if it was done correctly.  If you have an easement then your right is superior to the rights of the owner and you can enter and dig without permission.  It gets more difficult if you do NOT have an easement.  If that is the case there are a lot of factors.  Things like prescriptive easements, necessity, condemnation, or even being required to put in a new service from a place on your property out into the street.  There are too many variables to explain.  

The big thing is find out if there is an easement.  Easement rights are superior to the rights of the property owner.  I have had to litigate a few of these.  If the title company finds an easement is recorded and your sewer line is in the easement, then you are good to go.