Legal Question in Real Estate Law in New Jersey
sewer line areas of responsibility
We purchased a home in Sept�05. We didn�t move in until Dec�05. In Jan�06, we began having sewer problems. After repeated clean up attempts and talks with our neighbors, the public works director and roto-rooter, we have uncovered the following facts:
- There is a clog or break in the lateral very close to the main, past the right of way and somewhere within the street.
- The sellers of the house had problems with the sewer as well which they failed to mention in the seller�s disclosure.
Questions:
The public works dir. states that the lateral line, up to the city main, is our responsibility. I have searched the borough's code book and found no specific ''areas of responsibility'' which would point to the fact that this is our problem. He brought me a section of the code book, highlighted by the borough�s mayor where they say it states that this is our problem. I don�t see it.
The code book can be found here: http://www.highbridge.org/FinalizedCodeBook.pdf
The sections highlighted where on pg 405, sect. I(1) and also pg 409, sect Y(1&2).
A. Is it our responsibility for repair?
B. Can I go after the seller?
C. Where can I get more answers?
2 Answers from Attorneys
Re: sewer line areas of responsibility
If you can show that the sellers knew about the problem, and if that contradicts what sellers stated in sellers' disclosure, you may have a claim against them. it seems that you are talking about a very expensive problem. i believe it would be worth consulting with an attorney for some solid advice on this.
If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: sewer line areas of responsibility
If the previous owner concealed a condition that was known or should have been known to be a material factor in your decision to buy, then the owner could be sued for fraud.
I surmise that your point regarding the Township is that the break in the lateral is on public property. That question no doubt has an answer in the case law which can be researched at any good law library. Unless you are adept at legal research and understand which court opinions would bind your Township, I suggest that you consult your attorney to do that.
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