Sewer leaking in backyard: Is the City responsible?
We have a sewer line that is capped off in our backyard. The cap broke off and what appears to be raw sewage water is now leaking into the backyard, and subseqently, the basement. Based on information for previously dealing with this issue about 15 years ago, this line in no way services our building. From what I understand, it either services a neighboring structure, or is part of a right of way for a city main line. For financial reasons, I’ve been dealing with a family plumber who has been unable to completely cap off the line (he is having trouble finding the correct cap, which appears to be decades old). We’ve also gotten competing information regarding whose responsibility this really is. Obviously the issue is in my backyard, but if my building doesn’t utilize this line at all, our we really responsible for the issue? I’ve been told not to call 311 because the city will send inspectors out and issue a summons for repair (or send their own contractors out to fix it) and it will become extremely costly for us. We are not in a repsonsibility to deal with dept. of buildings fines, etc., but I would also like to ultimately know whether I’m obligated to fix this. Any insights or similar experiences from the group are extremely appreciated!
Hunt4MiddleClass
in Sewer 13 years and 8 months ago
6
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6 replies
gurv | 13 years and 2 months ago
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gurv A year ago, same incident happened with me and i just call City sewer depatment workers for its repairing and I think you have do the same, because it’s a total responsiablty of their City sewer depatment officers and workers.
Ted,
http://www.allkarepropertydryi…
smeyer418 | 13 years and 8 months ago
call the city DEP. If its a city sewer main line cap its the city’s responsibility. If its a cap from a sewer connection from the sewer line its whoever owns the line. Citys responsibility is for the main sewer only. Any connection off the sewer ls the responsibility of whoever’s house it serves.
Bklnite | 13 years and 8 months ago
Good suggestions to check for easements. If you look up what’s recorded on ACRIS you may figure it out without going to the courthouse or using an attorney. You may also want to contact your insurance company to see if they’ll cover it and/or go after someone else’s insurance if it belongs to a neighbor.
I found an interesting anecdote here – http://www.moeland.com/adverse.htm –
**”WATCH OUT FOR PRIVATE EASEMENTS** The time to find out exactly what easements a property is subject to is before you buy. When some very good friends of ours bought a house, the title papers referred to what they thought were the usual utility easements. But years later, when the neighbor’s sewer pipe backed up, it was discovered that the pipe causing the problem ran directly across our friends’ property, about eight feet from their front door. Our friends took their documents to the courthouse, where a clerk helped them look up their easements. There in the land records was a private easement, exactly where the pipe ran. The original owner (four owners back) had sold the easement to a previous owner of the neighboring house. None of the current owners had known of it. The plumbers found, after digging up both yards and the driveway with a backhoe, that the neighbor’s pipe was substandard and had been crushed by roots from a large tree belonging to our friends. Luckily, the neighbor’s liability insurance paid for replacing the pipe, the yard and the driveway. If the pipe had not been substandard and our friends’ tree had been the sole cause of the damage, they might have been liable for the whole mess because they had interfered with the easement. ====== If your title contains private easements, you should get copies of the actual easement documents. You need to know where the easements are and what uses they allow. If you are unaware of the terms of a private easement, you could unknowingly interfere with the easement rights and be liable for damage. If a solar access easement has been sold to a neighbor, you may find that you are severely limited in what you can build or grow on your property, because you can’t block sunlight from the neighbor’s solar collectors. Any private easement referred to in your property papers should have a reference number, such as a book and page number. Your county clerk can help you locate it in the public records and obtain a copy to keep with your deed.”
steam_man | 13 years and 8 months ago
I believe the term for this is an easement. As Steve mentioned, it should be reflected in your deed. That would help clear up area of responsibility. As for immediate action, I would do whatever it takes to prevent raw sewage from flowing into or onto my property. It is very dangerous and you could wind up paying the bill anyway, but to a hospital… Get the damn thing capped or plugged by any means possible and send the matter to your lawyer to sort out payment responsibility.
stevecym | 13 years and 8 months ago
If this is a sewer right of way for the city or a neighboring building, would this be noted in the deed to your house? would there be a notice on file in the courthouse? might this notice stipulate terms of maintenance? the reason I ask these questions is we have a R.O.W behind us and we have a deed to it and it has terms. I also have a friend in westchester whose house in on land under which travels the water line to NYC; this is noted in the deed to his house. It is going to be important to find out who owns this in order to lay responsibility. Good luck because I fear if you can not prove who owns it the city will pin the responsibilty on you and they are certainly not going to try to find out if it is theirs unless you do the work for them. Steve
ejalbk | 13 years and 8 months ago
My gut feeling is that if it’s on your property the City will take the position that it’s your problem (but I could certainly be wrong). If you post a photo of what needs to be capped someone here might be able to tell you what you need to do the job. You don’t want to allow a raw sewage leak to continue. Next thing you know the City and the EPA will be banging on your door (not to mention your neighbors)!