Legal Question in Real Estate Law in Michigan

Drainfield split from farmstead by farmer. Now farmer wants us to repair drainfi

Hi, Farmer has been buying farmsteads, splitting

the farmland off from the houses and keeping land He

bought this property in 1990 and split it, retaining the

land containing the entireity of our drainfield and has

been farming over it. The tractor may have damaged

the drainfield this summer when the wheat was

harvested, because that's when the problem started. It

is bubbling up on top of his field. Farmer asked us to fix

it.The Farmhouse property, because of the split, no

longer contains enough land on that side of the house

to properly run a septic system without running right by

the well. We have no idea what our rights are . We

are in ingham county.


Asked on 9/28/04, 6:10 pm

1 Answer from Attorneys
Steve Dulan The Law Offices of Steven W. Dulan, PLC

Re: Drainfield split from farmstead by farmer. Now farmer wants us to repair dra

First we would check into the split. Was it in compliance with the Land Division Act and local regulations? Then, we would look into the time frame. How long ago was this land split? How long has the drainfield been in place? This may be a case of easement by necessity which would mean that you have a duty to maintain the system but a right to keep it in its current location. However, if you can show that your neighbor/seller damaged the system, he should be liable for repairs.

Call me for a free consultation.

517-333-7132

-Steven W. Dulan, J.D.

The Law Offices of Steven W. Dulan, PLC

Licensed Real Estate Broker

Licensed Residential Builder

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Answered on 9/29/04, 11:17 am


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