Stinky problem ......

[Guest]

The property next to us ( H.A.) has had a, for lack of a better term " poop pipe" running from just ( under: ) their outdoor toilet for who knows how long ..... This pipe for some reason was placed just over the surveyed and marked property line onto OUR side of the line a good 2-3' and has been 'working' pretty well I should say. Nope, not in a puka or tank of any kind ..... it's just there 2' off the ground.

I sort of looked at it in disbelief the first time I saw it. This was 7 months ago.

Met who I think is the new owner ( stated he was " signing the papers" the next day) of the property in May and thought now would be a good time to bring it up ...... he sort of laughed and said he would take care of it.
Have seen him a couple times since then and gentlemanly mentioned it to him with simlar response.

Fast forward to present. I am not certain but I now think there are two familys living on this property now and while I have not looked for various reasons, his mention to my last week wife that he "will take care of it" leads me to believe it is still going strong.

Part of me just wants to go wack 10' feet of it off as merely repositioning it just over to the other side will have no real effect, but I figure this would be trespassing and for some easy,-litigious reason, boomerang right back to me.

O.K. Why not put a "U" on it and fire it back over ..... or more fun, epoxy on a cap.

Seriously, what would you guys do?





Edited by - pog on 07/10/2007 00:25:17

[leilaniguy]

Call the county. Complain loudly. I did in Oregon 15 years ago, got my neighbor evicted for the same thing. He threatened to kill me, but I'm still alive, he's long gone.

[oink]

Get plenty of dated pictures of it. Make sure some of them clearly give it a reference point as to it's overall location. Document when you talk to him about the matter. He will know who called the county on him so after documenting it talk to him nicely again. Remind him that you want to be a good neighbor and friend but that you find the situation intollerable, and that he needs to resolve it right away. Offer to help with the project. If he has a brain he will take that as a friendly implied threat that you will call the county. If that doesn't, work try one more time. Be nice, but again remind him that you find it intollerable and lay it out that you feeling obligated to have it inspected by the county as you feel the current arrangement could be dangerous to both people and pets. Again, offer to help. If that doesn't have the desired effect, call the county.

Pua`a
S. FL
Big Islander to be.

[Beachboy]

to hell with them Pog! Anybody who thinks "raw sewage",is a joke instead of an emergency should get a taste of it himself. Cut the pipe back on to their property dude...then see how cute he thinks it is?

[Bob Orts]

Gee, I hope this isn't common. Will have to walk the perimeter next visit.

The advice you were given by the others is excellent. I would add the following suggestion to the list. Contact an attorney who specializes in HI real estate law. You want to get the following answered:
1. What protections do you need to put in place, right now, to prevent the other property owner from claiming some rights to use of your property? Each state law vary so you want to make sure that if you need to do something legally such as put it in writing to the owner that you covered that base.
2. You want to know what your rights are to have the other property owner responsible for any cost and cleanup of your property should it be declared a violation of anything.
3. You want to know if you have the legal right, at this very moment to have the offending pipe capped. If you can cap the pipe, you want to make sure that you can not be held liable for claims to the other property owner when all their stuff starts coming back to revisit them.
4. While at it, find out if you can legally back flush the pipe. It’s on your property and you want to make sure it’s clean, so 2,500 gallons under high pressure should ensure it’s a clean, unblocked pipe. Of course you’re looking to make sure that if you pit 2,500 gallons in the pipe and only 250 drains back out, you’re not responsible for the damages the other 2,250 caused at the other end.

The main issue would be to determine that nowhere, no place, in no form exist an agreement for them to do what they have done. You want to make sure no adverse possession claim exist or no prescriptive easement has been established.

[ericlp]

Personally, I'd call up the health department and tell them your situation and ask them for advice ... I guess you call the health department for cesspools and they are the ones that inspect them so they should know what to do best. Tho, I'd first whack off 5' so the lines is back on their side. Then I'd have a nice little talk with them again for reporting them ... This is totally unacceptable and could be solved with about 2K for a backhoe with a hammer attachment...

Good Luck! Sounds nasty.