Legal Question in Real Estate Law in Oregon

Establishing a Sewer easement

My sanitary sewer line crosses and joins my neighbors line. The developer who sub-divided the land prior to my purchasing the house gave me a letter promising to correct the situation (my house was the original structure on the property before it was subdivided). The developer has found that it would be a costly project and has offered me $1500 to settle and get out of his agreement. My neighbor does not care that the sewer situation exists, and does not really want it corrected because of the damage to the large trees and root systems between our properties, but will not grant an easement to me. I am preparing to sell my house and want to know the liability I am facing by accepting the settlement. Does anything need to be done? Does any kind of easement exist (easement of necessity, prescriptive easement)?


Asked on 5/12/98, 4:26 pm

1 Answer from Attorneys
Michael Zusman Evans & Zusman, P.C.

Sewer Line Issue

Saw your post to the law guru site. I cannotprovide any definitive advice without knowingmore facts. In general, however, the types ofeasements you describe must be established bythe court. You may have a legitimate claim against your seller. Your neighbor sounds asif he or she may not understand the limitedimposition an easement for the sewer linewould, in all probability, create.This is a situation which cries out for afair and reasonable negotiated resolution,although I am not sure your developer's offeris adequate.If you wish, feel free to give me a call todiscuss this matter further.

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Answered on 6/03/98, 11:37 am


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