Legal Question in Real Estate Law in Massachusetts

Back Charges for Sewer Usage

After the previous owners of my house connected to the town sewer, the town never set up the billing code to charge the homeowners for sewer usage. The town recently discovered the mistake and told us our next water/sewer bill will include sewer charges for the 7 years we've owned the house but were not charged for sewer. Can they make us pay the old sewer charges even though it was the town's mistake? This is our first home and we assumed the total on the water/sewer bill was correct.


Asked on 5/27/09, 4:04 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Back Charges for Sewer Usage

You might well have a claim for forgiveness of the previous years' charges based on waiver and/or expiration of the statute of limitations (if one exists). If, indeed, you lose that fight against the town, you might try to recoup some of the previous years' expense from the prior owner, who enjoyed the benefit of the free services. They would likely be liable to you in indemnity or contribution. However, they should be given notice of your intention to fight the town and the opportunity to protect their own interests at the same time (i.e., their possible liability to you if you lose the town fight).

I don't know how much money you're talking about, but if it is significant, I would recommend getting a lawyer involved to adequately assert your defenses and preserve your rights as against the previous owner. Probably attorney involvement here will favorably affect the result. Contact me directly to discuss this if you intend to hire an attorney.

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Answered on 5/27/09, 4:23 pm


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