If I just bought a house and found out our septic is on the neighbor’s property and has been there for years, can they make us move it?

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If I just bought a house and found out our septic is on the neighbor’s property and has been there for years, can they make us move it?

Asked on June 8, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless there is actually an easement affording your property the right to place its septic there, then you neighbor can most likely require you to move the septic--even if something has been on (or under) another's property for  years, that does not provide a legal right to keep it there or deny the propety owner his/her rights.

If you recently bought the home, you may be able to recover the cost of moving the septic from the seller--it's something you should explore and discuss in detail with an attorney (the specific facts are critical, which is why you need to discuss the matter in depth).


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