
|
Runaway hill, sewage trouble homeowners
By Robert J. Bruss
Tribune Media Services
DEAR BOB: A city sewer project is proposed for our neighborhood to replace septic tanks that have been in place since the homes were built about 40 years ago. Will the sewer connection enhance the value of my property? I've asked local Realtors and water quality people, but nobody seems to know. Do you know of any studies on this topic? -- Arthur S.
DEAR ARTHUR: No. I am not aware of any such statistics. If they exist, however, my wonderful readers will let me know and I'll pass the information along in a future article. My experience has been that switching from septic tank to sewer connection greatly enhances the desirability and salability of homes.
Of course, if no homes in the vicinity have sewer connections, then septic tanks are not a drawback. Presuming the special assessment is reasonable, I think you will be glad the sewer line is being extended to your neighborhood. It will prevent periodic septic tank problems, which most homeowners incur.
DEAR BOB: During heavy rains last spring, the hill above us slid into our house. I promptly cleaned up the mud and put plastic on the hill to prevent further erosion. I hired a surveyor, who determined that the slide began when a tree on my uphill neighbor's land became uprooted. Seventy percent of the slide is on his property; 30 percent on mine.
When I contacted my neighbor, I was met with hostility. Even with a notice from the city and a fine, he isn't doing anything. The slide damage is not covered by our homeowner's insurance. Can I recover some of the cleanup costs and obtain a court order to have my neighbor repair his portion of the slope? I can't repair my area until he repairs his. -- Mr. K.R.
DEAR MR. K.R.: You'll need to consult an attorney on this complicated neighbor law problem. As a general rule, the uphill neighbor is not liable to the downhill neighbor for damage caused by acts of nature. However, if the uphill neighbor did something to channel the water or increase the damage, then he might be liable.
Another complication is the city's involvement; it may have an ordinance establishing a duty to repair. Homeowner association CC&Rs (covenants, conditions and restrictions) may also be relevant here. An excellent book to read on problems with neighbors is "Neighbor Law, Third Edition," by attorney Cora Jordan (Nolo Press, Berkeley.)
-- Send your questions to Robert J. Bruss, Tribune Media Services, 435 N. Michigan Ave., Suite 1400, Chicago, Ill. 60611.
|