Legal Question in Real Estate Law in California

liability for neighbor's sewerline on my lot

neighbor's line connects to mine(without my previous knowledge)Now tree roots form my tree has entered her line and clogged line.No previous notification has been given that tree roots could be a problem.50 year old houses originally owned by one single individual. Am I liable for neighbor's pipe(which is on my property?


Asked on 2/07/09, 11:23 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: liability for neighbor's sewerline on my lot

Interesting question. Some of my colleagues might have a different approach. I would think that your neighbor might have gained an easement for the sewer (or sewage) line across your property. If so, then you're not supposed to do anything to interfere with the easment. Still, I think it unreasonable to make you pay completely for the repair. Talk to your homeowners insurance carrier and see what the adjusters think. It might be covered.

Also, depending on when you purchased the property, you might have a claim against your title insurance carrier if it is, in fact, a recorded easement that had not been disclosed to you.

At the same time, your neighbor might owe you something for use of your land for the pipeline. So, one might call it a "wash." Maybe suggest that your neighbor reroute the line to the street wholly on your neighbor's property.

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Answered on 2/08/09, 12:08 am


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