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In 2002 we divided and short platted a lot from a large lot with a house in which we lived. We obtained a covenant to install a dual side sewer in which both the new lot and the lot with the house would be served. We eventually sold the house but retained the lot. We would like to sell the lot now and a builder would like to buy it. His realtor contacted the owners of the house with a request for an easement to service the sewer should a problem arise since a portion of the sewer runs along their property. For whatever reason, they have refused. Consequently, it is very difficult to sell the lot with this problem unresolved. If we were to abandon the existing sewer and install a new sewer to the street in front of the new lot, it would cost thousands of dollars. This doesn't seem fair since we already spent thousands for the dual sewer in 2002.
The Realtor reviewing the Covenant establishing the sewer line is insufficient. The Covenant to install the line to serve both lots may have contained an implied easement on both lots to service the line. You will need a lawyer to do a legal review of it in order to know what rights the owner of the lot has. You might have to bring an action (sue) to establish, or quiet title to the easement through a court judgment in order to sell the lot to a builder. The key question will be if legal costs would be more than installing a new sewer line.
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