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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33793
Experience:  15 years real estate, Realtor. Landlord 26 years
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I purchased a house with a faulty septic system. I knew it

Customer Question

I purchased a house with a faulty septic system. I knew it needed to be fixed and am working on that but I have a neighbor who claims that there has been runoff onto their property for years and are now wanting me to pay $17,000 to them. They claim that they were about to enter into litigation with the previous owners however I knew nothing about that when I purchased the property. Do I have any responsibility to them?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am afraid that I don't have good news... If they can prove that your septic system, even if you are a new owner, is causing them damages, then unfortunately they can file suit for property damages as well as for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So if they can prove damages from your septic, they can hold you responsible.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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