Legal Question in Construction Law in California
sewer/septic pond lagoon problems
My neighbor and I each own 20 acre parcels..isolated between us is a 1.5 acre parcel with a sewer pond on it..it serves as the sewage utility for a rural subdivision across the street from us. The subdivsion/pond were built in the 60s, it appears to be poorly maintained and the odor and sight of it nullifies the use of half our properties.
My question(s)...could we make them (the utility responsible for the pond)
remove/relocate the whole system? Could we realistically collect damages/rent for the portions of our properties that are affected by the pond smell and thereby unuseable? Any precedent for these options?
The 1.5 acres seems to small for the septic system and I feel there was a major lack of foresight when it was built 50 years ago.
What irks me is that the system is well out of sight/smell range of small subdivision that it serves, yet we across the street are the ones who suffer its consequenses...low property values ultimately being the worst affect.
Any ideas, insight or references would be greatly appreciated!
Thankyou,
K
1 Answer from Attorneys
Re: sewer/septic pond lagoon problems
You have a cause of action to sue the utility for a nuisance.
There was a similar case involving developer Del Webb suing the operator of a cattle feed lot across the street from his property. It didn't matter that the feed lot was there first and that Mr. Webb purchased his land at a significant discount because it was right next door to a cattle feed lot.
The overriding principle is that one should not be permitted to operate his land in such a way that it negatively impacts his neighbors, by way of smell, sound or otherwise.
Good luck!
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