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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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The adjacent property to mine was recently purchased and the

Customer Question

the adjacent property to mine was recently purchased and the owner plans to build. there is no structure on the land at this time . there was however a structure there several years ago and apparently had a septic system that is located on my property that the new owner wants to use . there is no easement in writing or anything on the plat. do I have the right to refuse use of this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Check your deed (this includes your "chain of title" - not just the current deed).

What you are looking for is to see if there is any recorded easement from the neighboring property allowing them access to your property for use of a septic system.

Unless there is a recorded easement, they have no right to use your property.

However, if there is a recorded easement, they do have a right to use your property for a septic (even if they have no recent history of doing so).

If you do not have property records, you can get them at your local County Recorder's Office - however, the best way to do this is to actually pay a title company for a report for your property - it costs a little bit of money (the fee is usually quite reasonable), but you get a complete title report and it is very reliable (especially when compared to trying to search through your county's records on your own, which can be in varying stages of organization and complexity).

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