If I just bought a house and found out our septic is on the neighbor’s property and has been there for years, can they make us move it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I just bought a house and found out our septic is on the neighbor’s property and has been there for years, can they make us move it?

Asked on June 8, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless there is actually an easement affording your property the right to place its septic there, then you neighbor can most likely require you to move the septic--even if something has been on (or under) another's property for  years, that does not provide a legal right to keep it there or deny the propety owner his/her rights.

If you recently bought the home, you may be able to recover the cost of moving the septic from the seller--it's something you should explore and discuss in detail with an attorney (the specific facts are critical, which is why you need to discuss the matter in depth).


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