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MY septic filed is on an easement for my neighbor. Surface…

Customer Question
MY septic filed is...

MY septic filed is on an easement for my neighbor. Surface water runoff (from his propeerty) is eroding the cover dirt ..am I responsible for this ?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Has any paperwork been filed?

MOntgomery Count Maryland

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
9/3/2017
Real Estate Lawyer: Roger, Lawyer replied 11 months ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is ***** ***** I'll be glad to assist.

Is the neighbor's surface water run-off being intentionally directed toward your property or is it just the natural flow of water? The answer to this will determine your rights. If the neighbor is intentionally directing the water toward your property, then you would have a right to sue for a private nuisance and seek a court order to stop the neighbor's activities. But, if it is just the natural flow of water that is eroding, you're likely responsible to remedy the issue with your own money.

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Customer reply replied 11 months ago
Hmm it is also eroding his property badly , in addition to my septic field surface (there is no sewage cpmiong up, only top soil and not exposing the pipe or field....at what level should I be concerned with covering this "purely cosmetic" issue ?
Real Estate Lawyer: Roger, Lawyer replied 11 months ago
If the issue is cosmetic, there's likely nothing you must do. However, if the problem begins to expose parts of the system or if sewage begins to surface, you've certainly got to take action.The best course may be to have the county or a local inspector come out and look at the property to make sure you're in compliance with local ordinances, etc.
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Real Estate Lawyer: Roger, Lawyer replied 11 months ago
But if repairs are required, it will probably be your obligation to pay the expense unless you can prove that someone is changing the natural flow of water into your property, causing the erosion.
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