How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Type Your Real Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

Property owner refuses easement to service dual side sewer.

This answer was rated:

Property owner refuses easement to service dual side sewer. What can we do?
Please provide more details about the situation you are in now. What do you mean by dual sided sewer? Was any utility easement problem identified in your title work when you bought the property? Have you had a local attorney work on the problem? Are you in the process of selling or buying the property? If not, what is the Realtor doing in it. I have never heard of a sewer line with no right of access to service it. Who has told you that there is no access to service it for your property?
Customer: replied 4 years ago.

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.

I hope that this information is helpful. If not, and you need further information, please do not rate this Answer and just send me a Reply asking for clarification. After that, I hope you will enter a positive rating so that I will be compensated for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law and 4 other Real Estate Law Specialists are ready to help you