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We were trenching on our side yard being careful not to hit our sewer line. Well unfortunately we did, but not bad. So we stopped worrying about hitting our sewer line and then we hit another pipe. We think it may be our neighbors' sewer line and it's completely cracked. Would we get in trouble for it???

2006-08-10 16:35:58 · 13 answers · asked by Emily C 1 in Politics & Government Law & Ethics

13 answers

You are in trouble because the sewer line can legally traverse your yard if it has no other way. You should repair it in order not to be sued by your neighbor.

2006-08-10 16:41:41 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

You need to contact a licensed professional land surveyor, to determine whether or not there is a legal easement for sewer lines to cross your property. If there is an easement, then you are liable for doing the damage. Of course, you should have done this before you decided to start digging.

Its also possible that the pipe you broke is actually just an old piece of scrap that was buried there, so you should tell your neighbor to run their water for awhile, so you can verify that the pipe is active.

2006-08-12 10:16:11 · answer #2 · answered by Surveyor Extraordinaire :-) 2 · 0 0

Hmm, property law is complicated. I hope that someone with better knowledge will answer. But did you even know that your neighbors had sewer line going through your property? Did they know? It is supposed to be on papers somewhere, I believe.

I think you and your neighbors will have to sort it out somehow, not necessarily by sueing. I guess if you pretend it never happened and deny everything, they might sue.

2006-08-10 16:43:29 · answer #3 · answered by Snowflake 7 · 1 0

Yes, if you did not call in locates. If a problem arises and they determine it was due to you illegally trenching in an easement then yes, the neigbor can sue you for the cost to repair the pipe as well as any damage it caused. If it is a sewer main it can cost over $10,000 if it has to be replaced. If it is a private sewer that can be patched and doesn't have to be replaced, it will cost about $1,500. If it has to be replaced it will cost around $5000-$6000.

2006-08-10 16:41:33 · answer #4 · answered by ? 4 · 1 0

sue over a sewer line that's kind of comical.
i wouldn't think that your neighbor would be able to but your town might. at least for repairs and man hours spent to fix it.
you should have called your public works dept to locate the line first, but like they say hindsight is 20/20. if you repair it out of your own pocket which you'll end up having to do anyway will end any concerns about this. and it will stop that horrible smell in your yard too.

2006-08-10 16:50:30 · answer #5 · answered by stanyazfan 3 · 0 0

Didn't you have to have a survey done first? To know where your sewer is? It should of been on the plot plan? It all depends on the ordinance on what state you live in. If you did crack his pipe, you would have to go through your homes owners insurance. I really do not understand of why his line is on your side?

2006-08-10 17:08:07 · answer #6 · answered by LA LA 6 · 0 0

NO! Because you were working in YOUR backyard! Unless, the neighbor can proof that You had a pretty good idea where the sewer line was installed and did this intentionally! If never, anyone told you that there are pipelines etc. in your backyard, like the county officials, then why should you worry if someone installs some pipelines in your backyard and you don't even get to know about it! It's their fault if they don't notify you and don't let you know what they build in YOUR backyard! You shall have everything 'black on white' about your backyard, and if something happens it's your fault. But, if you don't have it - black on white - it's not your fault!

ps When I had a house, i knew everything that went on in my backyard, I was informed by the companies that did their work there, this way whenever i did something in the backyard i was aware of things! Your local officials should have had notify you about anything that goes on in your backyard and you needed to know about, this way when you work in your backyard accidents like that don't happen. In other words, if you had clear idea what is going on in the yard, this would never happen! Now, the question is did you know, or didn't you!!!? Did the officials notify you? Did the neighbor notify you? And that is pretty easy to proof! I can't imagen that your backyard was full of other people pipelines and nobody ever told you! If that is really the case, then he can not sue you!

Something else, it is not uncommen that other people pipelines run through your backyard!!! That is pretty clear and everybody knows that, but you should have been made aware of it! And according to your text you were never told, nor did you ever received it in a written form!

2006-08-10 16:45:05 · answer #7 · answered by Anonymous · 0 2

I have been a Professional Plumber for 18 years. It is illegal to excavate a hole in "your yard" without first notifying USA Alert, who in turn will contact all the utility companies in your area to come out and mark the locations of the utilities in your property line. People don't realize how many utilities run under their "Property". Your lucky you didn't break a high pressure gas line like a customer of mine did two years ago. He was digging in his yard with a pick to put in a pond and broke a high pressure gas line. It took a crew of 8 men and the fire department 12 hours to repair the damaged line which he received the $38,000.00 bill for. There are many homes especially homes on hills which share "public easements". This is City or County property which they actually own, even if it goes right through the middle of your "yard". Plus there is the issue of the raw sewage which is considered hazardous waste which will seep into the ground water on your property and contaminate it. I hope you don't grow vegetables near this spot. The Health Department would shut of the water supply to your home and your neighbors to prevent further seepage and issue you a repair citation or if you didn't do the repair they would either do it for you and send you the bill or seize your property. I have seen both examples in my line of work too many times over the years.

2006-08-10 17:17:11 · answer #8 · answered by pipejetter 2 · 1 2

You are responsible for any accidents that occur as a result of your excavation. There's a utility easement on your property, which you failed to respect.

Now, your neighbor's sewage service has been interrupted or disturbed. He has every right to sue you for negligence.

I'm not trying to upset you, but how would you feel if the roles were reversed?

Contact your county or city utility department immediately.
Perhaps your neighbors will be forgiving.

2006-08-10 16:49:48 · answer #9 · answered by Mitch 7 · 0 0

I honestly think it would be pretty pathetic if they tryed to pin that on you. I mean come on the line was running through your property! It was an accident that the town should deal with.... Sorry that stinks!

2006-08-10 16:40:47 · answer #10 · answered by Kaplan Girl 1 · 0 0

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