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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7081
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Does a septic system for 40+ years qualify for an adverse

Customer Question

does a septic system for 40+ years qualify for an adverse possession in Colorado..I am the new owner of house with the septic system (tank and leach field) on property belonging to others behind my house. New owner of that property threatens to bulldoze it. I have owned property for 4 years.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 6 months ago.

Good afternoon, and I'm sorry to hear that you are in such a predicament. I have to wonder how anyone got a permit to build the home under those conditions. Usually the County requires an easement for the septic from the owner of the adjacent land, who might've been the owner of both properties one your home was built. You need a good real estate lawyer/litigator in the worst way and you need one quickly. Did you obtain title insurance when you bought your home? If so, you may be able to file a claim on the title policy. You may also have a claim against the former owners who sold you the home without disclosing that the this septic system was on someone else's property. Your lawyer, or the title company attorney is in the best position to research Colorado law on the question of adverse possession. In most states, the adverse possession must be "open and notorious, and against the interests of the other property owner". It is questionable as to whether or not a buried septic system qualifies as "open and notorious". Your local attorneys are the best authorities on that subject.

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Customer: replied 6 months ago.
I am not satisfied. I asked for specifics and get a response to get an attorney locally. I will not pay for this. There was no information that I got that was helpful to me. I will get a local attorney as you suggested. Guess that was advice that I knew on my own. Thought I would try your service...please credit my card.
Expert:  Irwin Law replied 6 months ago.

I am sorry that you're not satisfied with the answer. You did not ask a question, but merely told me about the unfortunate situation that you are in. We cannot act as your individual attorney and take legal action on your behalf, so the only thing I could do was tell you to obtain a local attorney and why you should have one as soon as possible. I'm sure that you did not realize the legal aspects of buying a home and hence your situation now. Do you have a specific question that you wish me to address now? I will be happy to provide you with more specifics.

Customer: replied 6 months ago.
I did ask a question and provided enough info for a basic opinion. I cannot pay for this service...pls cancel any me.bership you claim.

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