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Side sewer easement

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  • Side sewer easement

    What are my legal rights regarding a private side sewer easement which includes joint maintenance language?

    A developer is building a new home next door. Been informed they need to dig up a 4ft section of our property which contains extensive landscaping and in ground irrigation.

    Here’s the easement language - bear in mind it’s from 1927:

    “An easement 4ft wide for the common use and benefit of each other. The maintenance, repair or reconstruction of common sewer shall be bourne in equal shares of common users except for future owners of lower parcel shall not be responsible for part of the sewer above their connection.”

    The developer choose to lower the build site and therefore can not use old sewer connection of the previous home.

    They’ve said we would need to split the cost of digging up our property and re-landscaping.

    I’m shocked this could be the case and hoping someone can offer advice. How can a developer building a house to make money possibly charge the neighbor to put in sewer that we get no benefit from…and not only do we not benefit, we have a chunk of our yard ripped up in the process.

    Help! Thanks!

  • #2
    It's not likely they would succeed in court. Let them file and try if they must.

    You are not a common user. It's all them.
    Courts will consider the age and intended overall meaning of the easement as well btw.


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