07-10-2007, 01:50 AM
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.
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.