Legal Question in Real Estate Law in Florida
prescriptive easement on shared sewer line
I bought an existing home about six years ago. I was just informed by my next door neighbor that my sewer line is connected to his on his property and we share a common run to the street. The run to the main sewer line under the street is approx. 500 ft from my house. Apparently the neighbor gave the original owner/builder of my house permission to tap into his sewer line instead of installing his own to save money. Apparently the builder acquired the proper sewer tap connection permits and I have been paying for sewer service to the utility company.
The seller made no mention of a shared line when I bought the house. Now my neighbor has given me verbal notice that he intends to disconnect my line from his. I will be faced with a considerable expense and inconvienence to install 500 ft of sewer line. My questions are: 1) Do I have any right to a prescriptive easement to continue using the shared sewer line? 2) If so can the neighbor demand compensation? 3) Do I have any recourse available from the seller?
2 Answers from Attorneys
Negligent misrepresentation by Seller of Latent Defect.
FACTS: Bought home six years ago; just informed that sewer line is connected into neighbors; share 500' common run to street; neighbor gave owner/builder permission to tap into sewer line; builder paid sewer tap connection and I have been paying for sewer service to the utility company. SELLER/BUILDER made no mention of a shared line when I bought the house. Neighbor has given me notice he intends to disconnect my line.
Q. 1) Do I have any right to a prescriptive easement to continue using the shared sewer line?
A. Don't think so. Prescriptive easements take a minimum of 20+ yrs. before they are enforceable.
Q. 2) If so, can the neighbor demand compensation?
A. Only for your share of upkeep and maintenance.
Q. 3) Do I have any recourse available from the seller/builder?
A. I believe you have a good claim for negligence or possible intentional misrepresentation. Be aware that you are now on NOTICE of the defect and the Statute of Limitations has begun to run. You must take some action or face losing your right to proceed against the builder/owner, if you don't act timely. Get an estimate of the cost to lay your line; ask your neighbor if you can buy a license/easement to use his line and land; get an attorney and follow legal advice.
Re: prescriptive easement on shared sewer line
The only way to approach your problem is to find out exactly who owns what and where. Although you seem to know, and may have checked tax records - there is no subsitute for a true title abstract. This will at least confirm who the parties are. After this first step - your matter would typically require a 1 to 2 hour consult to give you meaningful advice. The abstract could be obtained from the Fund at (800) 871-8778. They could quote the cost to you if you furnish a map of the area which could be obtained from the property appraiser for your county.
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