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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41561
Experience:  Texas Attorney for 30 years dealing in real estate
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I have backup up sewer. Had roto rooter camera and the issue

Customer Question

I have backup up sewer. Had roto rooter camera and the issue is the clay sewer line has collapsed on my neighbors property 10" from her foundation. Totally off my property but it is causing me back up. I'm having difficulty thinking this is 100% my liablility.
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No....just happened.
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?
Customer: Not to my knowledge, no. Sewer line backed up the week of christmas, has it snaked and it appear to at least drain, but not fully functional. Assumed it was tree roots and began putting tree treatment in line. Problem came back Full Force yesterday 2/17, invested in camera to see what was causing the issue. Appears my main goes out the side of my home, not the front to street sewer main, but straight to neighbors house. Camera identified collapse off my property, 10" from neighbors foundation. Before I thought about being responsible, I thought about getting my neighbor's permission to fix it. Her response was she'd want to be assured it wouldn't cause her any issues as a result. This caused me to think, A. How can I assure her me fixing this line on her property not result in any issues for her? B. Am I actually 100% liable to take on this responsibility and the liability for this issue.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

You might want to see if plumber has a iwork around here like direct connection to the big main.If you do work her on her line here you have liability for any damage including back up here.I really wonder if you can come up with a better option.I fear that replacing this on her property opens up a real can of liability.

Honestly to me is seems this was never installed properly such that you have direct access to the main line.Either you plumb to that main line or decide to take your chances liability wise to work on her pipe on her property.There is no way around you having liability if you decide to do this.

Use licensed , bonded plumbers here if you are going to have them fix this on her property, best you can do here.

I appreciate the chance to help you today.Thanks again.

I just think if your plumber here can redirect this to main line that would be the way to go.Otherwise you assume the risk if you do plumbing on her line near her foundation.There really isn't any way for you to assure her that something will nomt happen only that you will assume liability here.

Otherwise a work around sure would be better for you liability wise.

I appreciate the chance to help you today.Thanks again.