Legal Question in Real Estate Law in Pennsylvania

Right of Way

Is there anyway to stop a neighbor from using the ''right of way concept'' to connect their sewage pipe to my septic tank on my adjoining property?

If I sell my property is the new owner required to honor this 40 year old arrangement between a deceased brother and sister that is not in the deed of either property?

If the neighboring property is sold will my tank be dye tested?

FYI- Allegheny County Health Dept will not get involved unless the system fails.

Any suggestions to deal with these moochers??


Asked on 9/07/07, 7:40 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Right of Way

You asked about a "right of way" to a mutual septic tank.

This is a problem that you must use an attorney for because you will probably be sued.

No, you do not need to honor an agreement unless the situation was established as an adverse possession or easement by necessity. As a rule neither is easy to establish and each can probably be successfully disputed by an attorney.

Since there is an adverse relationship you must act to solve the situation. Probably a notice of termination would be issued informing the party that you will disconnect at some definite point in the future. This will probably result in either an actual suit or a motion for an injunction preventing you from terminating.

You really need to engage an attorney before you dig a whole (literally or figuratively that you can not get out of.

Regards,

Roger

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Answered on 9/07/07, 9:47 pm


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