How do I get a drain field easement?

Our home’s drain field is not located on our property, and we just found out that when the house was built 18 years ago, an easement was not put in for it. We have started the process of getting an easement, but it will probably not happen before the land where our drain field is located is foreclosed on. Can the new owners stop us from using the drain field? Is any type of right away created by the fact that we have been using it for so long?

Asked on July 16, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sure that they may try but you have a good case to fight.  There are various types of easements recognized in North Carolina and more facts are needed here to fit your case in to one of them.  At first instance it may be that you have an Implied Easement that may be inferred by the facts surrounding the building of the home, etc.  Please seek legal help as to what your next step may be in the foreclosure action.  You may need t be a part of it in some way.  Notice needs to be given the foreclosing lender.  Good luck.


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