Legal Question in Real Estate Law in New York

septic system

i have owned a house for 16 years.

it used to be a carriage house to my neighbors.

they recently capped off my septic drain pipe because it ran through their property.

i now have to keep pumping the tank out weekly costing me 250$ every time.

is there a grandfather clause allowing me to keep it as is was seeing how i bought it this way.


Asked on 7/15/08, 7:37 pm

1 Answer from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: septic system

This is a very interesting problem.

I have a client who has the same situation. She purchased a portion of a building which had the sewer line running through another portion of the building that was then sold to someone else. The other owner did the same thing.

I am pursuing a claim in court saying that the sewage line is my clients property by right of adverse possession - open and notorious use for at least 10 years.

I am afraid that you are going to have to go to court to resolve the matter.

If you would like to discuss this matter further, please feel free to contact me.

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Answered on 7/18/08, 4:30 pm


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