Legal Question in Real Estate Law in Michigan
Drainfield split from farmstead by farmer. Now farmer wants us to repair drainfi
Hi, Farmer has been buying farmsteads, splitting
the farmland off from the houses and keeping land He
bought this property in 1990 and split it, retaining the
land containing the entireity of our drainfield and has
been farming over it. The tractor may have damaged
the drainfield this summer when the wheat was
harvested, because that's when the problem started. It
is bubbling up on top of his field. Farmer asked us to fix
it.The Farmhouse property, because of the split, no
longer contains enough land on that side of the house
to properly run a septic system without running right by
the well. We have no idea what our rights are . We
are in ingham county.
1 Answer from Attorneys
Re: Drainfield split from farmstead by farmer. Now farmer wants us to repair dra
First we would check into the split. Was it in compliance with the Land Division Act and local regulations? Then, we would look into the time frame. How long ago was this land split? How long has the drainfield been in place? This may be a case of easement by necessity which would mean that you have a duty to maintain the system but a right to keep it in its current location. However, if you can show that your neighbor/seller damaged the system, he should be liable for repairs.
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-Steven W. Dulan, J.D.
The Law Offices of Steven W. Dulan, PLC
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