Legal Question in Real Estate Law in Pennsylvania

Spring water running from 1 property to another

I am attempting to purchase a home which has failed a dye test due to the fact that a spring from a neighbors yard is running down hill to the property in question where the previous owners redirected the water by piping it into the SEWER system. The municipality and DPA demands that the water be directed anywhere BUT the sewer system and doesn't care who or how it is fixed they just want it fixed. My question is...is it our responsibility as the purchasing party of the house in question OR is it the responsibility of the home owner where the spring originates?


Asked on 9/22/08, 10:35 am

1 Answer from Attorneys

Re: Spring water running from 1 property to another

The owner of the property you want to buy has the right to file against the property where the property originates, IF the actual problem originates on that property. It is unclear to me, if the previous owner if of the property you want to buy, or where the spring originates. The water is not necessarily the problem, and if everything is in a natural state, there is no cause of action, it is when there were man made changes created a problem, that someone injured by the man made change may have a legal right. Sorry, you need to get an attorney to evaluate your situation, or forget buying the property.

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Answered on 9/22/08, 12:25 pm


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