QUESTION

How can I make my brother in law move his leachfield off my lot?

Asked on Mar 16th, 2013 on Real Estate - Colorado
More details to this question:
Husband and I bought lot next to Mom's, allowed her to put new leachfield on our lot, thinking that he would inherit half of her property and we could make property worth more. Mom passed in Dec and gave everything to brother. Can we make him move it or pay a monthly lease?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Carri,   Obviously, the first problem that you have here is that you allowed your Mother, the former owner, to place the leach field on your property.  But, now that someone else owns the property, your brother, you want the leach field either removed or you want compensation. The issue here is that you have provided the previous owner an easement on your property, but did the easement automatically transfer with the property or must the new owner craft a new agreement with you to maintain the easement?  This question will only be answered with a more indepth factual analysis.  Do you have any written agreement?  Did you make any agreement with you brother?  Can the leach field physically be located on your brother's property? I offer a free consultation and would be happy to discuss this matter with you in more detail if you will call me office and schedule an appointment.  Call 303-688-0944 and ask for Don. 
Answered on Mar 17th, 2013 at 6:22 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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