I have a septic tank on my neighbors property in the back yard. I have been maintaining the back yard, mowing and using ?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I have a septic tank on my neighbors property in the back yard. I have been maintaining the back yard, mowing and using ?

I have been living here for over 18 years mowing and using the back yard as i
only own 8′ from by house out back. my septic tank and leach field is fully on
her property. how quick,easy can I get an easement by prescription ? I have asked
her twice over the years to sell me the property but she has declined. This has
been a while ago. She is now selling her property which i assume she has to
disclose the issue to the new perspective buyer ? I might be selling my house in
2 years and need something done to make my property sellable as well.

Asked on July 25, 2019 under Real Estate Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Has she been been allowing you to use her land? Does your use of the land in any way stop or block her use of it? From your question, it appears that you do have her permission to be on her land and use it, and that your use of it does not preclude her own use. If that is the case, you cannot get an easement by prescription, since an easement by prescrition is similar to adverse possession in that your use must be "hostile" and "adverse" to her use--not something she has been permitting you to do and consenting to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption