My question has two parts and involves real estate located in the State of: California
The last 10 feet of my of lateral sewer line connects to the sewer district's main which is located under my neighbors driveway. Three homes' lines run to this same location, with a fill-sized manhole providing access, also on the driveway.
The sewer district has an easement which includes the language ...for the right to construct, reconstruct, renew, alter, operate, maintain, replace, etc. It continues to specifically list laterals as thereto, over and within such easement area as is described
There is no dispute that an easement exists. My neighbor however states that the easement applies only to the sewer district, and therefore I do not have to right to repair my existing line. The thing about this, is that all work requires a permit from the sewer district.
Q1: Does the sewer district easement allow licensed contractors with proper permits from the sewer district to use that easement to connect my repaired lateral to the district main?
Additionally, I received a threatening letter from my neighbors attorney to "cease and desist." But in the letter, the phrase "construction of a sewer line" is repeatedly used.
Q2: Is construction the same thing as repairing an existing line?
The last 10 feet of my of lateral sewer line connects to the sewer district's main which is located under my neighbors driveway. Three homes' lines run to this same location, with a fill-sized manhole providing access, also on the driveway.
The sewer district has an easement which includes the language ...for the right to construct, reconstruct, renew, alter, operate, maintain, replace, etc. It continues to specifically list laterals as thereto, over and within such easement area as is described
There is no dispute that an easement exists. My neighbor however states that the easement applies only to the sewer district, and therefore I do not have to right to repair my existing line. The thing about this, is that all work requires a permit from the sewer district.
Q1: Does the sewer district easement allow licensed contractors with proper permits from the sewer district to use that easement to connect my repaired lateral to the district main?
Additionally, I received a threatening letter from my neighbors attorney to "cease and desist." But in the letter, the phrase "construction of a sewer line" is repeatedly used.
Q2: Is construction the same thing as repairing an existing line?
Maintenance and Repair: Neighbor Says I Can't Repair My Sewer Line on His Property Despite Sewer Easement
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