If my neighbors have asewage line easement on my property, can I demand money to repair the common pipe?

UPDATED: Aug 18, 2011

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: Aug 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my neighbors have asewage line easement on my property, can I demand money to repair the common pipe?

My house is on a lot which was subdivided into 3 properties. We all share the same sewer line, where the other 2 properties sewage flows under my property and then out into the city. Recently I discovered that there is substantial root damage in the line, 7feet underground as it nears the city’s main line. I have since gotten the roots out. I want to get this fixed. The price is $2200. I feel like it is not my responsibility to bear the full burden. Both of the other properties have easements pertaining to this sewer. Can I demand money for the repair? What recourse do I have?

Asked on August 18, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You first need to read the sewer easement that burdens your property and benefits the other two properties as to the scope of it and what stated obligations there are as to maintance and upkeep in that its terms control in the absence of state law.

If the easement is silent on the subject of repair on the common sewer pipe the laws of California require the owner of any easement to maintain and repair it so as to keep it in good order. Since you and two other property owners share a common sewer pipe for the benefit of all three properties through this sewage line easement, all three of you should be sharing equally in the $2,200 cost of repair.

You should first write the other two property owners a letter referencing this with a copy of the $2,200 estimate requesting their equal contribution. If they refuse to contribute, your option is to make the repairs and seek contribution from them in a small claims court action. Keep a copy a copy of all letters sent them.

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