Legal Question in Real Estate Law in California

Well, first of all, the oral agreement to allow location of the sewer line on your property would legally be classified as a "license," since an easement would ordinarily have to be granted in writing. Easements are not revocable; licenses usually are. So, my inclination would be to tell the neighbor to perform his end of the bargain, or you'll terminate the license.

I also feel that relations between neighbors need to be handled with diplomacy - negotiation before litigation. You'll still be neighbors after the dispute is settled.

Finally, try to get deals involving rights in real property put in writing, preferably drafted by an attorney who has sufficient information about the deal to understand what the parties want. In some cases, the parties may want a surveyor to write a technically-accurate description of where the easement, etc. is to be located. As a last step, the parties will usually want to record the easement or whatever at the office of the County Recorder.

I generally agree with Mr. Whipple. You do, however, have two other options. One is to sue for damages for the cost/value of what he promised and failed to deliver. The other, since he has no legal easement, and a disputable license, is to have the sewer line dug up and capped off at the property line. Whatever you do, however, you need to put everything in writing and record anything that should be recorded. You are going to have to disclose that sewer line when you sell the property, and you are going to have a hard time finding a buyer for property with an undocumented sewer line running through it that could be subject to all kinds of unwritten claims and demands.