Sepic Tank Field Line is across property line...who's responsible?

Question

I had a house built about 3 years ago. The contractor used many sub-contractors. The sub-contractor he hired to put in the septic tank and dig the field line went across my property line and into a vacant piece of land. Somebody has bought that land now and is going to run their electric underground. The trench they dig will go through my field line. I did not know that he went across the property line when they were building my house. I'm going to have to move my field line, so it doesn't get messed up when they dig. Who is responsible for paying for this? Contractor? Sub-contractor? Me?

Answer 1

The general contractor is at fault. When you hired the general contractor to build the house the general contractor assumed the responsibility that something like this wouldn't happen and they carry insurance for when it does. I suggest you contact the General contractor now before you have to pay out of pocket to fix the issue, but even if you have to you should be able to become whole by suing. While I m sure a lawyer can best advise, feel free to sue both the general and the sub when the time comes. It's best to cover all your bases. I am willing to bet that the general contractor will likely mend the situation before that time in order to avoid paying lawyers in a suit he/she will certainly lose.

Answer 2

First of all your leach line is encroaching on the neighbor and you are required to remove it, unless you get an easement from the neighbor. Second of all you did not do the construction of it and therefore not the responsible party for the violation even though you will be held responsible for the removal of the encroachment. Your contract with the contractor should specify how the contractor would rectify something like this, but in any event the fact that the issue needs to be corrected by you will most likely run you about 3 to 5K to do and you will need to be compensated for this unnecessary expense and to do that you will need to get a local real estate legal begal to assist you. Sorry
Buena Suerte

Answer 3

Check with a lawyer, if the the land owner didn't take steps to protect his property at the time the line was put in, you may have an easement to do so. The time the land owner has to object to your encroachment varies by state.

Your leaching field may not be affected in any case. Usually power lines are not that deep. Leaching fields have to be below the freeze line, while electric does not.

However, should you need to did your leaching field up later, you will have to pay attention to the conduit or direct buried cable when you do.

Good Luck

Answer 4

You will be required to remove the offending line. It will fall to you to pay for this removal, however, with a good attorney, you should be able to sue the contractor, sub-contractor, and any other parties involved to recover your loss from their mistake. Wheither they ever pay up is besides the point so be prepared to shell out the money and not expect to get it back.

Answer 5

I agree completely with Sane on this one, however, the contractor is responsible, he hired the sub's. He is responsible when hiring them for what they do...period. Thats why you hired him.

Answer 6

I think in the end, you're stuck. You needed to be aware of your property lines during the construction, and surely it was evident the excavation crossed the property line immediately after it was laid. You needed to ask them to correct it then.