What are my rights if the sewer line of another house runs across my backyard and that was not on my disclosed in the title reportor parcel map?

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What are my rights if the sewer line of another house runs across my backyard and that was not on my disclosed in the title reportor parcel map?

I recently purchased a new home. The title report and parcel map only showed the easement for the new sewer line that served my house and 2 other new house but not the existing old house. The CC&R stated that, “Wherever sanitary sewer, water, etc.connections are installed within the Project and it becomes necessary to gain access to said connections, the Owner of the Parcel served by said connections shall have the right, and is hereby granted an easement to the full extend necessary therefor, to enter upon such other Parcel to repair, replace, and generally maintain said connections”.

Asked on December 20, 2011 under Real Estate Law, California

Answers:

Michael Duffy / Duffy Law, LLC

Answered 9 years ago | Contributor

You should talk to your title agent.  They are responsible for discovering and preventing issues such as this, and might be liable if there was a failure. 

Your rights in the land would depend on how and when the the easement got removed from the title (assuming it was ever there). Also depending on how long that sewer line might have been in there and what previous title holders knew about it, the other house might have acquired the easement by adverse possession anyway. You should consult a real estate attorney if you're considering seriously pursuing any of these options.


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