I bought 13 acres in Goshen, Ohio. We were aware of the easement for a property that nestles into our for thepurposes of egress. That same property has no other easements, but previous familial arrangements allowed the treated sewage to cross what would become my property and dump into my creek. There is no easement of record. Those owners are threatening to sue me to "grandfather" it in.
Yes, the neighbors might be able to have a court declare that the sewer easement exists and you are obligated to honor it. Easements can exist without being in writing. They can arise from usage or necessity. You can find a local real estate attorney here on Avvo at the Find a Lawyer tab who can review the deeds, survey plats, and facts of the situation, and then advise you of the legal status of the alleged easement. It would not be prudent to take any action on your own, that is harmful to the sewer system, without first checking with a local attorney. If you did, you could be liable to pay damages to the neighbor.
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I agree with the above attorney concerning the alleged easement. As an aside, and without knowing the specifics of Ohio water quality law, you may be able to file suit (or counterclaim) to force your neighbors to cease discharging treated sewage into the creek under the federal Clean Water Act (or Ohio equivalent). At minimum, I would guess that you could bring suit to force them to apply for a discharge permit.
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