What are my rights if the sewer line of another house runs across my backyard and that was not on my disclosed in the title reportor parcel map?

UPDATED: Dec 20, 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: Dec 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if the sewer line of another house runs across my backyard and that was not on my disclosed in the title reportor parcel map?

I recently purchased a new home. The title report and parcel map only showed the easement for the new sewer line that served my house and 2 other new house but not the existing old house. The CC&R stated that, “Wherever sanitary sewer, water, etc.connections are installed within the Project and it becomes necessary to gain access to said connections, the Owner of the Parcel served by said connections shall have the right, and is hereby granted an easement to the full extend necessary therefor, to enter upon such other Parcel to repair, replace, and generally maintain said connections”.

Asked on December 20, 2011 under Real Estate Law, California


Michael Duffy / Duffy Law, LLC

Answered 11 years ago | Contributor

You should talk to your title agent.  They are responsible for discovering and preventing issues such as this, and might be liable if there was a failure. 

Your rights in the land would depend on how and when the the easement got removed from the title (assuming it was ever there). Also depending on how long that sewer line might have been in there and what previous title holders knew about it, the other house might have acquired the easement by adverse possession anyway. You should consult a real estate attorney if you're considering seriously pursuing any of these options.

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