@Publisher, I googled it. It turned up some weird websites. Anything else I should try?
The document appears first when I google it. (Prescriptive Easements in California by Lou Segreti)
The purpose is to introduce one to the need to consult a properly licensed property law / real estate attorney in the appropriate jurisdiction. There are just too many exceptions (such as equitable easements) arising under case law. Statutes are just a starting point in common law jurisdictions. (As well as to highlight the need for personal service & awareness of rights conceded, etc.)
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That worked. Googling with all three authors didn’t. Anyway, I will be meeting with a lawyer in a few weeks. There is an underground drain pipe for them. Part of it is buried under my lot. Does it entitle them to my yard? I will be asking that when I meet with a real estate lawyer but it will a few weeks away.
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French drains / underground drainage pipes, unclear boundaries, etc. just accentuate the need for one to consult with a properly licensed attorney.
What if the underground drain clogs or needs repairs ?
What if you want to build on your lot & such construction activity will disturb or destroy the underground pipe ?
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What is being drained? Storm water or sewer? If the neighbor’s drainage pipe needs to be replaced, they will need access to it, unless you have them remove it off your property. Does it need to be there? Can it be moved? If you plant on top it, then all that planting will need to be removed for them to replace the pipe.
Absent that, typically, this is usually handled by a utility or drainage easement.
Question. What is the metallurgy of the pipe? Cast iron? Plastic? Copper? Clay (not metal obviously)?
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Typically, yes, but this could vary by jurisdiction.
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If stormwater is being drained underground onto Igloo ‘s property, I would wonder about impact of potential flooding.
If sewage pipe, what is age? Backed up sewage pipes can cost thousands in repair and replacement costs.
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Also, sewage pipes may call for specific setback requirements which may limit use of one’s property. For Example: A setback of 15 feet or so may be required from any septic tank leachfield.
P.S. I have several relatives who live in different towns within a major metropolitan area. They all have engineering degrees. Three of them have spent considerable amounts of time & money designing and constructing runoff water drainage systems so that water from their individual properties does not run onto a neighboring / adjoining property.
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Check your property title for any recorded easements. As we know, it only flows downhill, so if that is a sewer line, and the neighbor is uphill from you, that would be a reasonable way of placing the line.
The more details emerge, the more I’m inclined to say that a legal consult might be useful for our OP.
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@sushiritto It is stormwater. It was kinda hidden and I didn’t know about until I was roping up to mark the boundary a few days ago. It can be moved. It will cost more since the line has to be longer. There is a natural gully between our property and a good place to drain out. I own part of the gully, the upper part close to the house. They own the lower part. No idea what it is made of, probably PVC.
In my state, it is illegal to drain storm water onto a neighboring property. So check with the lawyer regarding that. Of course, the neighbor will be unhappy about having to relocate the line, so expect pushbacks. This is what we did when we faced a similar issue. Our uphill neighbor had a long impermeable driveway along a side of our yard. The runoff would make our side of the driveway muddy. So my husband talked to the guy, and they struck a deal: the guy paid for the supplies, and my husband built a French drain along the driveway to divert the water into our existing lines. Problem solved. In a neighborly fashion. The supplies were like $500 (pipes, drain fabric, and rock). Took my husband and me about a weekend to build the drainage.
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Another issue to consider: If the neighbor has a drainage easement & needs to come onto your property to repair the pipes, can you require the neighbor to sign a waiver of liability / assumption of liability for any damage to property or injury to person that occurs during the repair efforts ? (Good question to ask your attorney.)
P.S. Always insist that any workers coming onto your property are properly licensed & fully insured (liability insurance & workers compensation insurance) & also good if bonded.
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There is no easement recorded. The layout of the land is we are at the same level in front. I go up and they go down as we go to the rear of the property. Anyway, it is not a sewer line thankfully although I wouldn’t know about the sewer line since they are supposed be underground.
If there are any easements on the storm pipe, it should be on the survey plat. In my area, you can’t dump water directly onto an adjoining property, but if it’s also buried on the OP’s property, it was likely put there by the developer or someone who owned the original tract of land prior to subdivision.
In my area, for a private line with no easement, each homeowner is responsible for the maintenance of the pipe on their property. It is also in the code that a downstream owner can’t to anything to block the pipe to negatively affect the upstream owner. We have dozens of citizens every year that think the city should pay for the replacement of private pipes. We only take care of it if we have an easement. We may pay for it if the damage is affecting a city street. We may pay for part if the damage severely threatens a building. But in general, no. And many people are not happy. Replacing pipes is super $$$
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Nothing on the survey plat or on the deed. Originally, it was just a wild hillside. I don’t think the original developer put the drain since no one else in the sub division has it. We just drain to the street.
Well, that’s cheap(er) to remove and replace. What is the depth of the pipe? Are there gas or water lines nearby? If not, then you’re just talking about excavating dirt and rerouting the PVC. Not knowing the lay of the land, I’d get their pipe off your property.
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As your neighbor should too. My guess is, it was cheaper to drain to your property, since nothing was there and it was closer. Just a guess. No recorded easement, then they’ll need one or they’ll have to remove it.
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So you think the neighbor put it in? I would consult the attorney and/or talk to your neighbor.
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I’d call or visit the local water/sewer company and see a map of their lines or have them come out to the property and tell you where your neighbor’s (and yours) sewer line is placed.
Essentially, you want your property to free of other people’s S. In urban areas, you often can’t avoid it unfortunately.
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Yup. Or suburban landlocked properties. Those usually have an access easement and easement for utilities (not always the same physical location).
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