Neighbor connected to our property's sewer line

[Maureen M.]

Hello - We just purchased an investment property to fix n' flip. We knew we had to repair a section of the sewer line. The contractor re-scoped the line and we now see that a neighbor's sewer is connected to our line which then runs directly to the main sewer line. This house is in Denver, CO. Per Denver code, each building must have its own separate line to the main sewer line.  I think we need to inform the neighbor that they need to disconnect from our line and install their own separate line to the City's main sewer. I'm not seeking any conflict with the neighbor but when we sell the house, we do not want any issues during a buyer's inspection. Also, we have to repair the portion of the line that they are connected to. I question also if we should be requesting them to pay for a portion of the repair? Any thoughts or advice appreciated. Thanks!

[Kevin Sobilo]

@Maureen M., take a step back and think about it a little. There was a time long long ago (not really that long) but before the ordinance you're talking about existed. Since sewer lines are often in place 100 years or more, this combining of sewer lines likely predates the ordinance. So, them being connected is likely a grandfathered condition.

This type of situation is fairly common where I live and where the housing stock is older and especially because often family's built multiple homes next to each other and perhaps even on the same parcel.

If things were done properly, there would be a recorded easement giving the other property owner the right to repair/replace their portion of the sewer line if needed on your property. That wasn't always done, but your state's laws likely cover that scenario as well because it was in existence for so long.

So, likely their line connecting the way it does is acceptable although not meeting current requirements and likely you can't make them change it. At most if there is nothing recorded about this situation you could consult a real estate lawyer about documenting this.

I would think there should be a written easement recorded as I stated above and perhaps a maintenance agreement for the shared portion of the line to split costs repairing/replacing that portion of the line.