Legal Question in Real Estate Law in Michigan
We had a new waterline and sewer line put in our 1941 property (house we own). ~2 weeks after sewer line put in the neighbours sewer backed up. Turned out that the line was for two homes (neighbours and ours) with no easement on either property. Also, their line apparently goes across our backyard at an unknown route (they are not our nextdoor neighbour but we are one off a corner and they are around the corner). The city asked us to "temporary reconnect" to stop the sewage flowing into their basement and now they will not reconnect off the line that runs across our property. What are our legal rights? We would not have bought this property had we known this and we figure it will make it difficult to sell if the sewer is not taken off our property.
1 Answer from Attorneys
You have a real estate problem that only a real estate attorney will be able to unsnarl. First, you may have a claim against the seller, and/or title insurance company that should have disclosed any information regarding easements to you, if they knew. Second, the other neighbor has been unjustly enriched by your "reconnection" of his sewer into your line, and he may be liable for the cost as well as the dimunition of the value of your property for his benefit. Third, this may be a problem that your city must sort out, depending on where the sewer taps are, when the taps were made, and what records the city has. How could it take 2 weeks for the neighbor's sewer to back up, if the line was cut off? There may be some other sewer lines that you don't know about yet. There are ways to determine the sewer line route, but it's not cheap. This is going to cost you money, but you are correct, it's not likely that you will be able to sell this home, now, knowing that there is a problem, that could prevent the full use of your property.