Legal Question in Real Estate Law in California
My sewer line runs through my neighbor's property line. Since my house was built in 1919 and theirs in 1923, the city states that the property must have been subdivided back then, and the only main sewer line is in the alley next to their property. Recently when the city was installing new gas lines they determined that the sewer line was invaded by roots from two trees, one a mature citrus on their property located two feet from the sewer line and also from another tree located on the property of another neighbor, on the other side of my property. The sewer line located on their property would be best served to be replaced as the line is now comprised of clay piping. It is not damaged, just roots invading the pipe. I do not have an easement on my title. Several questions: We have been told that this is a civil matter and needs to be rectified by all parties involved based on what caused the damage and how we would like to solve the issue. They claim it is my sole responsibility to fix it at my expense as it is my sewer line. Also what happens if there is a problem in the future? Even if they again damage the line, am I responsible for the cost of fixing it? And lastly, without an easement, how does this impact me in the future or at resale? Thanks for your help.
2 Answers from Attorneys
You may not have an express easement in the recorded documents, but you may have an implied easement. There are several different types of easements under the law. If the neighbor's tree roots are damaging your sewer line, then they may be be responsible.
In my opinion, they may be responsible. I think you have an implied easement.
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