What is my recourse if my neighbor’s excavation broke my sewer line?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my recourse if my neighbor’s excavation broke my sewer line?

Our house was built in 1915 and once sat on a larger parcel. In 1961, a portion was subdivided and a house was built on it. We have 2 sewer lines which probably go back to the 1920’s or 1930’s that come

from our house, run under the neighbor’s property, then join together in a

Asked on August 2, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would not be an easement by necessity unless there is *no* other way for the lines to run--if they can run other than through the neighbor's property, there is no necessity, and hence no easement by necessity.
You *may* have an implied easement--the situation you desribe seems to meet the typical criteria for them, of an important use existing pre-subdivision--but the risk with implied easements is that since they are not set out in so many words, you are counting on a court concluding that one exists. Even when it appears that you meet the criteria, you could get a judge who simply takes a very restrictive or negative view of them and does not find that one exists. There is a risk involved in counting on an implied easement.
Even if you are right and there is one, if you neighbor disagrees, you will have to sue him for a declatory judgment (court determination) finding that the easement exists. You will be spend several thousand dollars on that, most likely, with a reasonable chance but no guaranty of winning. You may wish as an alternative to accept his 50-50 offer.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption