Can I make my neighbor re-route her sewer lines?

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Can I make my neighbor re-route her sewer lines?

It looks like my neighbors sewer lines run through my property as they appear to be leaking. I am working toward having someone come investigate this, but so far no one wants to touch it. I think she should be responsible for the initial investigation if my assumptions are correct and also have to pay for this to be fixed. More importantly, I want her lines off of my property It is the only area I have for expansion and planting trees or a garden.

Initially, both properties were owned by her family. The bank split them. Our gas meter is also on her house.

Another important note is that she is having money trouble. If her sewer lines are leaking and she cannot afford to fix them, what happens in the state of Ohio?

Asked on October 23, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When a property is originally unified and then split, to oversimplify somewhat, any existing utilities, sewer lines, etc. receive an "easement" or right to continue as is--she does not need to reroute them. You bought a property that had those lines in place; you have no right to now demand more than you bought and require them off your land.
If they leak and damage your land, you could sue her for any remediation, etc. costs--she is responsible for maintaining her lines and any damage, harm, etc. they do.


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