Legal Question in Real Estate Law in Tennessee
Sewer Line
My neighbor was installing a fence. The next day, my sewer line, which runs across their property, backed up and has remained so for 4 days. I paid the plumber to try to clean out (rout) the pipe, but after 75 feet from my clean-out, could not locate the obstruction. There is no clean-out for my line on their property, they have a separate line to the sewer system, so they are unaffected. I checked with my homeowners and there is a separate rider for sewer repair that I was unaware of (and did not purchase).
Is the neighbor responsible for locating and repairing the damage to my sewer line?
1 Answer from Attorneys
Re: Sewer Line
The law recognizes a "Post Hoc, Ergo Propter Hoc" (After this, therefore because of this) fallacy, which would require that you prove your neighbor's fence affected your sewer line. Most fences sit just a few inches into the soil. How far down did your neighbor go to lay his fence?
Is the plumber willing to say that the sewer line crosses directly underneath the fence boundary? If that were true, then the problem should be noticable by a crack or clog in the sewer pipe at or near the new fence. If you don't detect any odor, then the fence installation might not be the cause.
Under these circumstances, I would contemplate filing a lawsuit againt your neighbor. Therefore, you need to keep careful records of all your sewer line expenses. However, until you can prove causation and fault (in terms of negligence), then you don't have a valid claim.
Also, if your city constructed such a flimsy sewer pipe system that installing a fence on top would back it up, then you may have a cause of action against the city. No reasonable person would foresee that installing a fence above ground would block a sewer pipe below ground.
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