You need a lawyer. This is way beyond the scope of this forum. It's going to be very complicated.

Why do they need to excavate abandoned leach lines?

How were you informed of this? I wouldn't bother seeing an attorney until you have at least a demand letter or email. It would be better for you if they paid their attorney to tell them they don't have a case rather than you paying to inform them of that.

Time settles a lot more legal matters than anything else. If you can wait it out, I would.

@anglophilia thank you, I have a consult arranged later this week

@nycefarm the current owners are selling and the buyers want them excavated so they can build a basement and for power lines (currently the land is bare and nothing is built, it's an empty lot)

@bry911 their realtor contacted me, and now they are attempting to contact me, I am ignoring them as recommended until I speak over the case with an attorney

You might want to review your Title Insurance policy and see if this is covered.

Tell them to contact the original owner of your property, whose signature is on the contract. They made the deal with him for something that is buried on their own property, so they should certainly contact him.

Hope the lawyer has good news for you.

I am ignoring them as recommended until I speak over the case with an attorney

I personally think you should take their call. You really need to know if the leach lines (and the maintenance thereof) was filed as an easement appurtenant. Either way, your attorney is going to have to learn this, so you might as well save the hourly rate and find out yourself.

You should ask the neighbor for a copy of their deed that shows the easement was filed. If they tell you it was never filed breathe a big sigh of relief and either see your attorney or wait until they see theirs.

@bry911, thank you that's a good point I'm not sure if that is the case. However, wouldn't the replacement of new lines on the property and abandomnet of the old lines constitute abandonment of the easement 8 years ago. And, if that is the case, then wouldn't the easement transferrance to new owners be stopped and the cost to excavate them go to the owner who abandoned them back then 8 years and that cost after abandonment wouldn't transfer?

However, wouldn't the replacement of new lines on the property and abandomnet of the old lines constitute abandonment of the easement 8 years ago.

I don't know to be honest. You are getting beyond the scope of things I can answer on the internet (and maybe at all). I can tell you that their claim gets exponentially better if they have a filed easement. That isn't to say that you will not prevail, just that they have a much stronger case.

Time is probably on your side in this, they have to sell the land and even if you turn out to be liable, odds are they are going to have to act prior to that being decided. Since they are trying to sell the land, and there is a buyer and a seller involved, I would probably inform them of my concerns and intentions. I am not sure it's good legal advice, but when in doubt a little honesty and transparency usually serve me pretty well.

The question made me wonder. The new buyers are excavating the area anyway, so why wouldn't that excavation include whatever is in the way?

Is there some expensive disposal fee for removing leach lines? Do you have to have some specialized hazmat team? Are they just trying to have someone else pay their excavation costs?

@chispa the excavation will take care of the lines, it's the cost that the sellers are trying to push on me, despite the line being abandoned and it looks like the easement appurtenant being abandoned at that time in 2010 as well as the need for the appurtenant was abandoned with no intention of reusing the old lines. The cost is estimated at between $1000-$2000 based on what I've heard from the seller.

Well, if it's that cheap, just pay for it and forget the lawyer. You'll pay that much for a visit to his office and him doing a hour research.

Well, if it's that cheap, just pay for it and forget the lawyer.

I respectfully disagree with this advice. My advice has been, and still is, don't do anything until they do something real. Certainly don't pay them money. Let them go to an attorney and learn the judgment will not cover the legal fees.

You don't have to keep them hanging or anything, you can politely notify them that at this time with the information you have gathered you will not be able to help them. Wish them the best of luck and go on about your life.

Odds are they are going to drop it and if they don't drop it, then you have something concrete to consider.

despite the line being abandoned and it looks like the easement appurtenant being abandoned at that time in 2010 as well as the need for the appurtenant was abandoned with no intention of reusing the old lines.

Have you actually seen the easement? If the easement was granted on the condition that the leach lines would be removed at the termination of the easement, I simply don't know if you can say the abandonment even exists.

You are getting pretty esoteric here, and I am honestly not sure whether they have action against you or the previous owner of your property. I am sure that are in good shape because of the complexity. The probable judgment makes it unlikely that you will ever get this question answered in court.

So, another question, if the lines had been excavated years ago and the hole covered up, who would be paying for the excavation today?

It sounds like they are just trying to get someone else to pay for part of their building costs! I could understand it, if it involved some EPA stuff and was going to cost $20K, but for $1000-2000 they are just setting themselves up to be known as that annoying new family in the neighborhood.

@chispa It's the seller who is trying to come to me to pay for the excavation. Even though it was 11 years ago and the amendment to the sale that included this was never transferred in the subsequent sales of the house, and I only moved here 1.5 years ago. The lines were abandoned but never excavated. The buyer requested that they be excavated and the seller agreed I'm thinking without checking on if the paperwork was in order.

It's coming down to one of the 6 children of the owner of the lot who is keeping this going. It sounds like from what I'm hearing the other siblings, his realtor and his broker are all telling him this is a waste of time since everyone has seen the document now.

Okay, now it makes sense. It sounds like the owner's "one of 6 children" doesn't have the money to pay his/her share of the agreed upon excavation expense and is looking everywhere to pick up funds from anyone else to pay it. At least that is how it looks from this side of the monitor :)

I'm glad you didn't fall for it.

We had a similar case on a house we once owned. When we went to sell it was discovered that there were leins on the property from previous owners. We went to the title company because it was their job to find these old problems. I also suggest that you contact your title company.

CA Kate curious as to why the title company would have looked at the adjoining property as the leach lines in question are on that property and not the property the owners purchased.