Legal Question in Real Estate Law in Massachusetts
In July 2007 I hired a contractor to hook up my house to town sewerage. I paid $6900 for a permit (before breaking ground) based on # of bedrooms (3). Also paid approx $3000 for actual laying pipes and labor to hook in. This included a 110 ft extension of sewer pipes in the road to facilitate my hookup = $9900. Now 2 years later Sept 2009, my neighbor wishes to hookup to town sewerage. The town Sewer Commissioner says that I currently own the liability for problems with this extension should there be a breakage etc. The commissioner suggests that I turn over this liability to the town. (probably so the town can charge neighbor permit costs, etc)
However, before I do that, is it feasible that I could be paid (refunded) for a portion (half) of the cost of the extension that I paid for if I allow my neighbor to tap into the extension?
2 Answers from Attorneys
I would certainly hope so. You might wish to discuss the process, forms, and your planned re-imbusement with the town/city attorney first. Alternatively, you may wish to have your attorney "shepherd" this through. Good Luck.
Based on what you have posted, you could request that your neighbor pay you for the easement before you will give the Town permission to make the repairs.
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