Legal Question in Real Estate Law in Ohio

easement for a leach field

I have an easement for a leach field located on the lot behind mine.

The owner of the lot where I have my leach field built a small office building, put in a septic holding tank and put black top over the gravel parking lot, digging up my leach field. I have tried to speak with this man and all he has done was lie to me. I then wrote him a letter asking him to make this right and replace my failed septic system. He has no intentions of doing anything to make this right. I have contacted the health dept, spoke with my mayor and now I am speaking with the EPA. The EPA told me the name of the engineer who approved the permits for this to be done. I have spoken with the engineer and she told me she only approved the permit based on the architects drawing and she is not responsible. I now have the architects name but have not contacted him yet. The EPA told me that you can not build on a leach field and someone must not have done their homework. I told the engineer that this man knew my leach field was there and has been there since 1953. I guess my question is who is responsibile for doing the research before the permit can be given? Is the easement still good if it is on all of the deeds of ownership since 1953?


Asked on 3/20/08, 8:15 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: easement for a leach field

Dear Easement Inquirer: You may need to assert your right to a violation of your easement. Unfortunately, your remedy is not simple. 1. You need a new leach field, and more importantly, a suitable lot on which to install it. 2. Your neighbor was not only careless, but intentionally ignored your rights and caused you damage, loss and harm.

Unfortunately, in my crystal ball, I see only litigation as the ultimate solution to obtain relief. You may, of course, consider a microbial aeration / digestion system, but you need land for that also.

The City has municipal immunity under the laws of Ohio. The Architect or Engineer may be held liable; however, they will defend by stating the owner never informed them of the easement, even if it was of record, and they should have checked before they even drew the plot plan for the new building. And the Surveyor? Did he miss it also?

WHEW! What a mess.

That's the best I can offer in tjhis limited space. My suggestion is to contact a good, experienced real estate Attorney ASAP.

Sincerely,

J. Norman Stark

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Answered on 3/21/08, 8:46 am


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