Legal Question regarding Sewer

[Sean Barry]

I apologize in advance for the long post but I want everyone reading this to have the details. I have a turn of the century triplex in old town that is fully occupied.  My sewer line for this property exits out the back of the property, turns and runs for about 70 feet on my property and then runs across the back (and total width) of my neighbor's property before hitting the main located in the street.  My neighbor has informed me that he is going to be both expanding the footprint of his home and building a 3 car garage on the back of the property and will be breaking ground in about 5 weeks.  The garage portion of his build would partially go over my sewer line whose depth is about 4 feet for the section on his property.  He is building the garage as "slab on grade".  The owner before him installed a flagstone patio and immediately after we had a backup.  I had the line camera-ed at that time and located and the damage was directly under the newly installed patio.  Because I could not prove the damage was not there before I wasn't able to do anything.  The current owner is making all sorts of  statements, "because the line is damaged (I told him what had happened) the City will make me replace it (there is no evidence that they would) and therefore he shouldn't have to." I do not believe any actual easement exists but it is my understanding as the line has been there for a very long time (it is clay so I'm guessing 60 years or more I have either a prescriptive or implied easement).  I assume that if this line is not replaced prior to construction the construction will almost surely collapse or damage it and I do not think I am being alarmist or paranoid.  If it was damaged from the simple tamping of the dirt and install of a flagstone patio then a grader and concrete pouring will very probably collapse it.  The line definitely should be replaced in the portion where the construction is going to take place.  I want some opinions on who should pick up the cost on this.  From my view he is initiating the action that will threaten the line and therefore should pay for it.  If he doesn't replace the line and builds over it and it is damaged by him I am guessing he will need to pay for the repairs and possibly house my tenants for the time it takes to make the repairs.  Furthermore if he leaves the line and I need to repair it in the future I would have that right....something I would definitely not want done in my new garage and driveway.   I would like to hear some opinions on this and I thank you in advance for your constructive thoughts. 

[Chris Seveney]

@Sean Barry

As another post mentioned I would comment to the county about the line.

As it relates to cost, I would negotiate with him to dig the hole and you pay the cost to replace the pipe. Why would I say that is probably what’s going through your head?

Reason being is the pipe is past it’s lifetime use, he is allowed enjoyment of his property and if Tamping the ground causes damage then their is an issue with the pipe. Normal construction should not damage underground utilities.

Put another way, if he does no work that pipe is going to go eventually and you will

Pick up the cost.

What if This would be have gone under his driveway and driving on his driveway damaged the pipe. That’s not his fault the pipe failed after 50+ years.

I am sure if he has an attorney they will say the same thing.

Best bet is to work something out with him but I wouldn’t expect him to pick up the entire cost