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Updated almost 10 years ago on . Most recent reply

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Nathan R.
  • Investor
  • San Antonio, TX
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Plumbing easement question in Pensacola FL

Nathan R.
  • Investor
  • San Antonio, TX
Posted

I have a problem that has me completely stumped at the moment. I have a property (1 unit of a duplex) that is currently tenant-occupied. The sewer line runs out of my unit, under the lawn and driveway of the other unit (owned by another landlord), and into the sewer tap under the street. The sewer line was apparently not built to code in the first place, but the drain line is starting to collapse under the weight of the neighbor's cars (they park mainly in the driveway but also in their yard directly on top of the sewer line). To repair the problem would necessitate cutting  and partially resurfacing the neighbor's driveway. I have contacted the neighbor's property management firm (I have not been able to get in touch with the owner himself), and explained the situation and that I am willing to pay for everything, but they are  telling me the owner is completely unwilling to discuss it. Is there anything I can do?

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Matt Devincenzo
  • Investor
  • Clairemont, CA
2,637
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Matt Devincenzo
  • Investor
  • Clairemont, CA
Replied

Yes you have options, depending on what the material facts as they stand now are will determine what exactly your options are. 

First, is there an actual recorded easement for the lateral?

Second when you say "not to code" do you mean poorly constructed or do you mean that the lateral's actual physical location was not approved to run across the neighboring property?

Last, is there any realignment of the lateral that would still allow you to use the existing tap but not require going under the driveway? And in the same vein, is there a realignment that would work with a new tap (meaning is it even possible to get to the main without crossing the neighbor's property)?

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