Legal Question in Real Estate Law in Oregon

Existing septic prior to property division, nondisclosure

We purchased a 30 year old home on 1.15 acres in Nov 2005. When asking for a septic line map, we found the leach lines went into neighbors pasture area. That neighbor had purchased her property in May 2005 and info about our leach lines was not disclosed to her. Our property originally included her property, but apparently was divided after the septic system was put in. She now wants us to move our system or hook up to city sewer. The way our property is laid out, we do not have space for a new system on our land. Are we obligated to do this or should she be going to the person who sold her the property, or the realtor who obtained the nondisclosure that did not disclose this info? This seller was the one who divided the property. Could he be liable to pay for us to hook up to city sewer? Our neighbor wants the system off her property so she can build a structure there. Her lawyer has sent us a letter requesting that we remove our leach lines from her property.


Asked on 3/16/06, 12:41 am

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Existing septic prior to property division, nondisclosure

There are a number of issues that should be addressed here. You may have a claim for adverse possession of the property necessary for your leach lines. You may or may not have claims against the person who sold you the property.

You need to see an attorney promptly (and before you answer the neighbor's attorney's letter).

Anytime you get a letter from an attorney that may affect your rights, you need to promptly consult with your own attorney. A list like this one is limited in what it can do, especially where the issues (and their resolutions) are very fact specific.

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Answered on 3/16/06, 12:26 pm


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