What is the name of your state? Tennessee
We purchased our first home 2 and a half years ago. We purchased the house from an individual, which worked as an appraiser, in a real estate office. After moving in we noticed some trouble with the septic system. As we attempted to locate the septic system, and were unsuccessful after some time, I called the gentleman who sold it to me and asked him if he knew where it was located. He stated he did not. We found out a few days later that our septic system was located on the neighbor's property when the neighbor called to tell us that it was coming up in their yard. Two days later they sold their property to new people that seem very unfriendly.
Seems the subdivision we live in was once a farm in which only a single house was built on, ours. Because it was all one large piece of land, the house was built with the septic system on the next lot I assume it was because they had no intentions on selling the farm at that time. Since then, it has been sold and split into lots for a subdivision and apparently we bought the original house in which the septic system is located next door. I was confused as to how to handle the situation when it gave us trouble a few days ago.
The neighbor called leaving a message on my machine that it was once again backing up into the yard and something needed to be done. Should I ask the neighbor for permission to dig? From my experience with them, they would strongly refuse. What if the neighbor refuses? Can they sue me for it backing up on their property, even if they refuse to let me dig to fix it? I am so terrified because we can't afford a new septic system! I have a daughter with CP and Epilepsy and had to quit my job to care for her, so we are on a tight budget as it is. All this ran through my mind.
When we first found out about it being on another property, I immediately called the gentleman that we had purchased it from and told him of the situation. He stated to me that had no idea that it was located on the next lot and there was nothing he could do about it. Then when I stated that it seemed it would be illegal to sell a home to someone without disclosing this to them he rudely told me that he did not know of the situation and that it was out of his hands, then hung up on me.
Basically, I just need to know my rights in regard to this situation. Wasn't he legally responsible for disclosing this, or at least making sure that there was no problems such as this, before selling the house or does the fact that he says he didn't know about it get him off the hook?
To top it all off, when we moved in we had several problems that we were unaware of. Leaks under my sinks due to the fact that the pipes were not glued as they are supposed to be which ended up ruining parts of my floor, The linoleum in the bathrooms and kitchen weren't glue but tucked and as a result, it has came up, cracked, and ripped in places and none of the trimming in the home was glued and was tacked up so poorly it has since fell of and had to be re-tacked. It all looked great just seeing it but after moving in, it seems it was just thrown together to sell.
We moved to this area so my daughter to go to a school which was qualified for her disabilities and this was the only house we could find. I can't afford to move and really can't afford to pay for a septic. I am at a loss and feel so helpless. Please, any help or advise would greatly be appreciated! Thank you
r state?
07-04-2005, 04:55 PM
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