Posted on 08/22/2007 5:02:56 PM PDT by cmsgop
The bad news is that this is going to cost you some money up front, which you can sue to recover if you're protected by the language I alluded to. The worse news is that you're probably still flushing your toilet and emptying your dishwater into a system that is no longer functional. This could lead to a sewage back-up into your basement or crawl space.
What you need to do ASAP is get a contractor in there and install a back flow preventer into your sewage outlet (the pipe which leaves your house). This will stop anything from backing up into your house; however, once it is engaged you will immediately notice flush failures etc. once the pipe in your house fills up, IF the pipe outside your house has filled up due to a septic system failure. You may need to start using a toilet elsewhere until your system is repaired.
Now, here's what you need to do immediately: (1) get the back flow valve installed ASAP, and have the contractor build you a new septic system ON YOUR PROPERTY, if possible. You will again need to pay for this up front, and its a significant expense. Go down to your local lender, explain what's going on, and you shouldn't have any trouble getting a loan. Again, you can go after your neighbor for these costs later. (2) Send your neighbor a certified letter explaining the situation and the fact that you're holding his actions responsible for what happened to your septic system. Do this tomorrow morning. (3) Go out to your neighbor's property tomorrow morning and take LOTS of pictures. These will come in handy down the road if you wind up in court. (4) Video your basement for pre-existing conditions in case sewage backs up into it and ruins your possessions. Pay particular attention to anything of value, and remove said possessions to a safe place if you can. If you successfully remove something, note it on paper and NEVER try to claim anything you rescue if an insurance claim becomes necessary.
This sucks, but if you do the foot work now you will come out OK once everything shakes out.
Lastly, if you wind up rebuilding the septic system on your neighbor's property, don't accept an easement unless you absolutely have to. Buy the land and your troubles are over. Renew the lease and you may be dealing with this issue again down the road, especially if someone else buys your neighbor's property and hasn't done his homework on encumberances.
Good luck!
Mrs Drango who is an insurance nerd (agent) refused to answer. Demanded you look at your policy. When told it was a contractor on the neighbor's property (do I have that right?) she said the claim would go against the contractor's G&L. Why I quired, what if the contractor didn't know about the drain field? ? She said G&L would cover an "accident".
Please FReep mail me $20 for my advice. I once stayed at a Holiday Inn.
LOL! $20.00 on the way
An inquiry is NOT a claim.
Have you ever lived in the country where in years past neighbor helped neighbor without necessarily getting all the legal niceties covered, because neighbors trust neighbors ?
Maybe that existed before your time, or out of your comprehension because you don’t understand the word “honor”.
I had such a situation, where a neighbor “donated” land to me for correcting water runoff issues where he was not really liable, because he owned over 300 acres and could afford to “lose” a half-acre, and I would have had a hard time moving my house. Nowhere was this enshrined in a deed or covenant. 20 years later the situation still exists. And, interestingly enough, in more rural areas in prior years, government was not nearly as intrusive in terms of permits, inspections and the like.
The poster did not mention the legal situation or how long it had existed, so I was asking.
Who got your panties in a wad ?
If this happened with mine, I'm pretty sure the homeowner would get a buddy who knows a buddy to get the pipe fixed without need of lawyering up.
Had he forgotten about the drain field? Over time, that's be easy to forget.
It's good to have a lawyer give you advice. But neighbors never like getting letters from neighbor's lawyers. Maybe you can retrieve the situation without one.
How many pictures have you already taken? Lots of them from every angle, I hope.
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