Legal Question in Real Estate Law in Wisconsin
I am looking to build a house on land that my parents will be gifting to me. My dad purchased this land in 1990 and it has been used by our family as a cash cropped field since. My neighbors septic system's drain runs out to the field. In order to build the house the drain needs to be moved from our property to theirs but they are unwilling to do so. They are claiming that this is squatters rights. My question is will they have any fight in court since they have not maintained the property at all, paid rent or taxes on it, and have the space on their own lot to move the system? Thanks in advance for your help
1 Answer from Attorneys
Drainage laws are complex and often surprising. If the drainage from the neighbor�s septic system is occurring due to the natural lay of the land and this use was in existence long term (or at least pre-existed the time when your father purchased the land), you may have a difficult time in court attempting to force the issue. However, without researching the history in detail as well as the case law, I would not necessarily say that it would be impossible to win in court. Obviously, if there is an economical way to work this out via voluntary negotiations with the neighbor, such as working a different drainage plan into your own excavation plans, that may be the cheapest solution. For example, retention ponds are often an inexpensive way of resolving difficult drainage issues which can also beautify and improve your property if they are constructed correctly. Funding, as well as fee expert consulting is sometimes available if the pond could constitute wetlands mitigation. You should probably retain a lawyer to investigate these issues in detail, since you are considering a huge investment in this property. I am not yet your attorney and will not be taking any action on your case, but you are still welcome to contact me during business hours at my in Racine if you still have more questions. Also, please see me on the web at www.jayknixonlaw.com to read 15 years of my prior answers to consumer legal questions arranged by topic, please go to http://www.lawguru.com/answers/search/attorney/jknixon. Answers may contain attorney advertising materials.
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