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Author Topic: Septic System Easement Issues  (Read 1891 times)
Me9139
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« on: July 21, 2010, 02:51:23 PM »

I have a situation that I am wondering about.

My parents live in a subdivision in a rural part of Johnson County a few miles outside of Franklin, Indiana. Their neighbor put in a new septic system in his backyard which apparently does not work properly (or at least it did not solve his problems, whatever those were exactly). The neighbor's lot is on the west side of my parents' property. The east side of my parents' property has an embankment that abuts Highway 31. The septic company has now informed my parents that they want to run a pipe from the neighbor's septic system along the back of my parents' property over to the drainage ditch that runs along the highway. I understand that there can be certain easements for septic systems, but something about this entire plan simply does not sound quite right. First, the pipe may cause problems because there is a utility line running along the back of the property in that exact same area (either phone or electric). In addition, my parents have their own septic system with the fingers draining out towards that property line and over a little further they have a geothermal heating/cooling system line that runs about six feet underground through their backyard to within a few feet of that same rear property line. Obviously, they do not want any of these things cut or otherwise interfered with by any potential digging. Second, I have never heard of a resident draining any lines from their septic system into a public highway's drainage ditch. Again, I am not thoroughly versed on all of the laws and regulations, but this does not sound like a good idea at all.

My initial plan would be to contact the County Health Dept. and the Indiana State Health Dept. to see what they have to say about this plan. If neither of those can help, I would think going to a real estate/property attorney to consult about the laws would be the next best step. Anyway, I simply wondered if anyone had any thoughts or suggestions regarding this issue.
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Me9139
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« Reply #1 on: July 21, 2010, 03:09:19 PM »

Update: Apparently, the line that they are talking about putting across the property is part of some kind of water drainage system in which they plan on running a pipe with holes in it around the perimeter of the septic field and draining excess water off into the drainage ditch by the highway.
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Toxic Avenger
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« Reply #2 on: July 22, 2010, 05:11:46 PM »

As a current septic inspector, and previously a land surveyor, I would be 90% confident in saying they cannot go across your property without your permission.  Now if there was a drainage easement along the back of their property, and this was the county engineer/drainage board, then they could do it, however they would inform you well ahead of time.  If this is just a septic contractor, they would be trespassing if they came onto your property without your permission period. 
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Working in the environmental field since 1998.
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