Can I force neighbors to share an expense for a necessary lake overflow pipe that was put on my property illegally before I owned the land?

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Can I force neighbors to share an expense for a necessary lake overflow pipe that was put on my property illegally before I owned the land?

Lake overflow drain pipe was buried on my land (without a permit) before I purchased the lot. Now it needs moved, conform to code, and have an expensive permit. No home owners association and I could be liable for neighbors yards flooding if I remove it?

Asked on November 22, 2010 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

May I ask: who put it in to begin with?  Was it the Town or County that you live in?  Yo may not be able to remove it and there may be an easement that was created for it.  I would double check and make sure that it was not in the title report when you purchased the land.  Now, who told you that it needs to be moved?  Is there a problem with it as it pertains to your land?  Then you may need to seek help from an attorney in your area on the best way to go about it.  It may be the responsibility of the county or town and that is where you need to start.  If the pipe needs to be moved and the neighbors drainage is iincumbent upon it being in working order, heck yes,  would request that they help pay for it if you can not get the county to do so.  Good luck. 


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