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First-Time Home Buyers in South Dakota: An Unexpected Homeowner Dilemma

Hello! We are first-time home buyers who recently closed on our house in South Dakota on February 1st. Like many new homeowners, we were excited to settle into our new space and start the journey of making it our own. However, just a couple of weeks after we moved in, we began tackling some outdoor chores. Our backyard has several large trees, and as the autumn leaves fell, we found ourselves engulfed in a sea of foliage.

Discovery of the Manhole Cover

While cleaning the yard, I unexpectedly stumbled upon a manhole cover located about 20 feet behind the house. Naturally, this discovery raised several red flags for me. As a parent of a lively 5-year-old, my immediate concern became one of safety. I quickly inquired with my husband, but he also had not noticed the manhole before. Even more troubling was the realization that this manhole had not been mentioned in any of the paperwork we reviewed prior to our purchase.

Communication with Local Authorities

To gain some clarity, I reached out to the city’s water manager to inquire about the mysterious manhole. His response was that it sounded somewhat familiar but believed it was associated with a decommissioned line. We put this issue on the back burner until it resurfaced around August when we noticed a troubling problem in our basement—the shower began backing up with sewer water. Alarmed, we called for a plumber, who soon hit a dead-end while investigating a blockage in the backyard.

Upon mentioning the manhole cover, the plumber conducted a quick inspection and concluded that the city would need to come and inspect it, as it related to their sewer system. Subsequently, the city water manager and his team arrived to take a closer look. After examining the situation, they determined that tree roots had infiltrated the system, resulting in the ‘cistern’ (or basin) needing replacement along with new cement work. To our dismay, the city manager informed us that we were responsible for these repairs and advised us to engage with an excavation company or a specialized plumber to resolve the matter promptly, ideally before the summer’s end.

Engaging with an Excavation Company

Fast forward to last Friday; we had a plumber come to our home once again. After assessing the situation, they indicated that an excavation company was necessary due to the complexities of the issue. The plumber informed us that not only did our sewer line connect to our house, but it also interconnected with at least two, possibly three neighboring homes, all funneling into a single basin that discharged into the street. Unfortunately, there was no main line directly leading to the front of our property, leaving us with two choices: digging straight west through two houses or running east through an alley and two more houses.

We then reached out to the top-rated excavation company in our area, renowned for working closely with the city water manager. Their representative was incredibly knowledgeable and provided valuable insights. However, he was very clear that given the high costs and potential implications of the project, it was best not to proceed until we gathered more information. He firmly suggested that this situation should have been disclosed to us prior to the purchase of our home, and he recommended considering further actions—including contacting our real estate agent and hinted several times at the importance of speaking with a lawyer.

Reviewing Our Disclosure Documents

In reviewing our paperwork, we discovered the disclosure document stated that the sewer system was public and claimed there were no shared items (like fences and sheds) between our property and those of our neighbors. Compounding our confusion was the fact that we had utilized the first-time home buyers program through our state and had engaged with a reputable bank that provided us with real estate recommendations.

Seeking Guidance and Support

Given the weight of the situation and our feelings of uncertainty, we find ourselves wondering whether anyone else has had similar experiences, relevant insight, or advice to share. We are feeling lost amidst this unexpected challenge.

How AI Legalese Decoder Can Assist

In navigating this perplexing situation, leveraging technology could provide us with much-needed clarity and support. The AI Legalese Decoder can assist us by simplifying complex legal jargon found in our disclosure documents, making it easier to understand our rights and obligations. It can also help us draft correspondence to our real estate agent and legal counsel, ensuring we effectively communicate our concerns. Moreover, utilizing the AI Legalese Decoder can empower us with knowledge about any potential legal recourse available if it turns out there was a failure to disclose relevant information during the purchase process. By taking these steps, we can feel more confident and informed as we address this situation head-on.

Any additional information, advice, or shared experiences would be greatly appreciated!

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