Is the sewer well considered property

Is the sewer well built at the point of the inset into the city sewer network considered my property? Can outsiders bump into this well without my consent?

Lyudmila

Expert Answer

Hello, Lyudmila.

The first thing you need to take care of is to make a request to the utility that serves the city sewer network and find out if the well you built is put on the balance sheet of this organization. The fact is that even though privately executed sewage lines, wells and other infrastructure are recognized as real estate under part 1 of article 130 of the Civil Code, city water utilities and other municipal enterprises often prescribe their ownership rights in contracts after several years of operation.

Having obtained from the water utility (or another organization that serves the main) the confirmation of ownership of the considered sewer line, you have the right to apply to the court to receive compensation.

If during the construction of a private sewer system everything was done according to the law, then you should have on your hands the technical specifications and the technical design with all the approvals and the act of inspecting and admitting the sewage system for further operation. The documentation must also indicate the sewer well, which is located at the insertion point into the citywide network. In addition, it would be nice if you kept checks confirming the purchase of materials for its construction or the contract for earthwork and installation, if it was carried out by the contractor. All this will be needed to prove their ownership in court. But even if such documents have not been preserved, do not despair - witness testimony will fit in this case.

The question you have raised is quite controversial and is located at the intersection of several types of legal law. Therefore, it cannot be ruled out that you will have to assert your rights in the court of appeal, and the lawsuit itself will drag on for many months. Therefore, in such cases it is still better to negotiate with the neighbors and not bring the matter to trial.