Legal Question in Real Estate Law in California
My husband verbally agreed to let the our next door owner to build their sewer line in our property eventually connected to the big sewer pipe based on some agreement (to build a staircase for us, etc). The next door neightbor agreed to do when they constructed the sewer line. After the sewer line is done, none of the things that they agreed on has been done.
We talked to our neighbor and told them that they need to fillfull the agreement that we have verbally. They are still not so keen to do it trying to talk us out of it.
We felt being cheated and be used at our cost(we paid $2700 to the neighbor's contractor to bury our utility line, they just got the underground work done, never bury our utility line) to build their house.
We just don't want to deal with them anymore. Can we hire someone to dig out their sewer line that in our backyard?
2 Answers from Attorneys
This question has already been answered by two attorneys. The answer will not change by reposting it.
Based on having a little more information than in the previous question, I'd say the neighbor has a license to use your land for his sewer pipe, and that because he has made a significant expenditure to install the pipe in reliance upon his license, the license has become irrevocable. See, for example, the case of Stoner v. Zucker, decided in 1906 by the California Supreme Court, where the court refused to permit a landowner to revoke a license allowing the licensee to construct an irrigation ditch once the licensee had spent money to complete the project (146 Cal. 516 at page 520). Also see the more recent case of Hammond v. Mustard (1967) at 257 Cal.App.2d where the California Court of Appeal held that someone who makes reasonable reliance upon the statements or conduct of another may assert that an oral license has become irrevocable.
Note: when you tell someone orally that they can use your land, a license results. Ordinarily licenses are revocable. As discussed in these cases cited above, a license can become irrevocable under certain circumstances. Those circumstances seem to be present here.
Your remedy is NOT to go ahead and dig out the neighbor's sewer line. Step one should be to negotiate, perhaps using a lawyer to do it for you, to convince the neighbor to uphold his end of the bargain. If this fails, take him to court with a lawsuit asking for a judgment compelling his to pay you back, perform his obligations, or to annul the license and get his pipes off your land. Don't try to do yourself a job that requires a court order.
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.
