Legal Question in Real Estate Law in Pennsylvania

Easement

I have a storm sewer that runs through my property in an utility easement. After ten years of use the pipe started collapsing and will need replaced. The bourough I live in is saying they never accepted ownership of the sewer from the developer because of various reasons. The developer is out of buisness but is willing to share the costs of the replacement with the bourough. The bourough is not willing to share any of the costs and has indincated if they can't get the developer to pay the full cost, they will come after me for the repair. I can't afford this very expensive job(tens of thousands of $'s). The pipe drains water from a 40 acre area and from several plans of homes, not just the one I live in. Can I lose my house over this if I can't pay the bill? I never knew this sewer system was privatley owned, it's not on my deed as my responsibility yet the bourough says they have no liability in the matter.


Asked on 3/13/06, 8:04 am

1 Answer from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Easement

My first question to you is...do you have title insurance...title insurance would have been purchased at the time of your closing and may protect you from this problem...if not you might need to file a claim with your home owners policy depending upon whether or not they allow for it.

Best of Luck,

Marc Taiani, Esquire

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Answered on 3/13/06, 8:20 am


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