What to do if my neighbor’s septic tank is partially on my property as well as their leech field?
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What to do if my neighbor’s septic tank is partially on my property as well as their leech field?
I have found no easment in any of my paperwork. The tank has ben there for who knows how long but up until 3 days ago no one knew about it. Can I simply fill it in?
Asked on September 28, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Speak with an attorney before doing anything. If the tank has been there long enough, for example, the neighbor may have acquired some rights under the theory of adverse possession; also, it's possible that your survey/boundaries are wrong, and the tank and field is on your land. If at the end of the day, it's determined that they tank and field is improperly on your land, you can have them removed--and can likely have the neighbor pay to do that--but on the other hand, if you are wrong and the neighbor has the right to have the tank and field where they are, if you fill them in, you will find yourself liable to the neighbor for the cost of re-installing them. It's much better to let a lawyer help you determine what your rights are, then enforce them through the courts.
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