Legal Question in Real Estate Law in Wisconsin

property rights

I have owned this property for a year & 7 mo. I've just learned

there is a storm water drainage pipe crossing my front yard. The

local municipality say's it was installed around the 1930's or 40's,

can't tell me exactly where it is, but list it as a pipe owned by the

milwaukee metropolitan sewerage district (mmsd). They also told

me that a die test led to visual evidence of die in my yard

somewhere, but couldn't tell me where! The pipe terminates in a

''wetlands'' area behind our neighborhood . I suspect it has been

damaged in some way due to water bubbling & squirting up in our

ditch in the area it would most likely be. In addition, my sump

pump runs constantly. This house was converted to a sewer via a

lateral from a original septic aprox. 30 yrs. ago. The lateral is

within 20 feet, & lower than the the drain pipe . My thought is

the pipe is leaking into the gravel trench for the lateral, &

following it back to my foundation. It could have also been

damaged when the lateral was installed (with permits).MMSD

denies ownership. The city wants it maintained & has no

easement. Who's responsible, & can I terminate it?


Asked on 4/29/09, 7:09 pm

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: property rights

You need a zoning and land use attorney. I do not do that work, but we have some attorneys that do. If you are unable to find someone nearby, you may feel free to contact me and I'll put you in touch with them. Good luck with your problem!

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Answered on 5/01/09, 10:02 am


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