Legal Question in Real Estate Law in Indiana
sewer field system
My home was built in 1965. Before we bought it, the land north of us was sold. That is where our field system is. It is leaching up through their horse paddock. Do we have imminent domain to repair the field system or do we have to move it?
2 Answers from Attorneys
Re: sewer field system
You do not have eminent domain to fix your leach field located on another's property. However, either the deed to the north field property or your deed may have reserved the leach field for purposes of access. And there may be an implied easement. However, for the sake of your community life, it might be worth the difference in cost to replace the leach field all within your boundary, if possible. In fact, the cost might be very comparable, assuming your land can absorb a leach field. Get to work on it soon. You can't have your neighbor's horses tramping around in your sewage. Good luck.
Re: sewer field system
I agree with Mr. DuMond's answer.
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