What are my rights regarding a septic easement?

I have an easement for my septic tank and drain line on my neighbor’s land. He recently put a fence up around my tanks and clean outs. I kindly went to speak to him about it in case I need to access and maintain it or even pump it when needed, they stated that I am not allowed on the property unless they give permission first. Also, the fence was placed directly on top of the septic line and I am worried of a possible puncture in the line; they did not confront me first to put this on my septic line. The neighbor also states she is going to see that the easement be removed.

Asked on June 30, 2012 under Real Estate Law, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

I would consult with an attorney as soon as you can.  Generally speaking, he can put up a fence on his property but he can not damage or interfere with your right to access the septic tank under an easement. I would take the necessary steps to protect your rights.  Good luck.


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