Legal Question in Civil Litigation in California
My lateral sewer line runs through the back yard of my neighbors house, under a cement walkway. We just had a sewage back-up, and the only way to clear it was to break part of their walkway and dig a hole 9 feet down to the sewer line.
I just found my house plans, and find that there was a clean out as specified by the city, but the neighbors build this cement on top of it.
Are they liable for any of the cost of the repair? Had they not covered it, the plumber would not have had to dig the hole, which is now a $1200 project.
2 Answers from Attorneys
You will need to look at your easement in your title documents. Plans only show what was built or was intended to be built. They don't bind anyone to anything as far as property rights. You need to see if your easment reflects the cleanout or provides for it in some way. If so, the cement was a trespass on your easement and the neighbor is responsible for the concrete work. If it does not, then you had the right to dig up the concrete whether the neighbor liked it or not, but at your own expense. Well, unless you didn't have a sewer easement at all, in which case your sewer line is a trespass.
I agree with Tim. You need to be sure of your of exactly what your rights are and whether, and to what extent, you have an easment for your sewer line.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
