LadyWolf55
Junior Member
What is the name of your state? Missouri
Two years ago, we purchased a 3.75 acre property with house. This property is a dominant one, over 100 years old, which was sold in 1999 to another party. He had the house (built in 1945, after the first house burned down) totally renovated, split the property (he had 108 acres, and left 3.75 with this place), and built another house on the hill behind and beside this one, approx 500 yards away. The land from that house surrounds us on three sides.
What he didn't do, was put a written easement into the title for his property or this one, for the septic lateral lines which overlap 70 feet into his front lawn, which used to be part of THIS house's land mass. He gave this house to his daughter, and kept the new one for himself, thinking it would be the "family compound". They got into financial straits, the daughter sold THIS house to us, never disclosing the fact that the lateral lines (which aren't actually laterals, but a long open pipe, buried shallow, 18 inches) were not only on her father's property, but they ran UNDER HIS DRIVEWAY! This septic system has apparently not been drained OR serviced in decades, from what we can now tell. There were LARGE roots in the ground above the lid.
Her father lost his home to foreclosure in Nov 2003. In May 2004, it was sold to a couple with three children. They run ATV's, Bobcats, Cars, you name it, up and down this driveway, OVER our lateral. We, of course, not knowing that our only lateral ran that way, never said a word, of course.
Two months ago, the neighbor comes to us, complaining that our laterals were leaking into his yard (not enough to cause a health hazard, just a nuisance). He pointed this out, and demanded we "do something". We checked with legal counsel, who told us we have "implied easement", and to not move them, or we would end up having to put them on our property immediately. So, we were going to pump the septic, and see if that fixed the problem.
In the meantime the neighbor starts bullying us, and then calls the health dept before we could even get the tank pumped! (the pumper had told us to wait a week, as we'd just gotten a heavy rain here).
Now, the health dept is demanding we do perk tests, or soil tests, and that we move our system onto our own property, all with their supervision, and they are demanding this be totally installed within thirty days! Our land is sitting on a giant hill which is solid bedrock, and there IS nowhere here to put a septic system which would satisfy State requirements.
Do we have rights to go back on the former owner, for non-disclosure of this important issue? We certainly would not have bought this property had we known this. Another thing, we had an FHA loan, which I believe would not have been approved had this been disclosed. And is there actually implied easement, (since the laterals have been put in there for many years) where we would have the right to demand repair of our laterals from the neighbors for driving over them constantly? I do know there are no planning and zoning laws in Johnson county, but perhaps State or Federal law may govern this.
These are the type of neighbors who let their dogs roam all over other's property ( they even defecate on my gardens and patio), and basically try to bully the neighborhood because they have the "fancy house".
Thanks for any help you can give on this.
Two years ago, we purchased a 3.75 acre property with house. This property is a dominant one, over 100 years old, which was sold in 1999 to another party. He had the house (built in 1945, after the first house burned down) totally renovated, split the property (he had 108 acres, and left 3.75 with this place), and built another house on the hill behind and beside this one, approx 500 yards away. The land from that house surrounds us on three sides.
What he didn't do, was put a written easement into the title for his property or this one, for the septic lateral lines which overlap 70 feet into his front lawn, which used to be part of THIS house's land mass. He gave this house to his daughter, and kept the new one for himself, thinking it would be the "family compound". They got into financial straits, the daughter sold THIS house to us, never disclosing the fact that the lateral lines (which aren't actually laterals, but a long open pipe, buried shallow, 18 inches) were not only on her father's property, but they ran UNDER HIS DRIVEWAY! This septic system has apparently not been drained OR serviced in decades, from what we can now tell. There were LARGE roots in the ground above the lid.
Her father lost his home to foreclosure in Nov 2003. In May 2004, it was sold to a couple with three children. They run ATV's, Bobcats, Cars, you name it, up and down this driveway, OVER our lateral. We, of course, not knowing that our only lateral ran that way, never said a word, of course.
Two months ago, the neighbor comes to us, complaining that our laterals were leaking into his yard (not enough to cause a health hazard, just a nuisance). He pointed this out, and demanded we "do something". We checked with legal counsel, who told us we have "implied easement", and to not move them, or we would end up having to put them on our property immediately. So, we were going to pump the septic, and see if that fixed the problem.
In the meantime the neighbor starts bullying us, and then calls the health dept before we could even get the tank pumped! (the pumper had told us to wait a week, as we'd just gotten a heavy rain here).
Now, the health dept is demanding we do perk tests, or soil tests, and that we move our system onto our own property, all with their supervision, and they are demanding this be totally installed within thirty days! Our land is sitting on a giant hill which is solid bedrock, and there IS nowhere here to put a septic system which would satisfy State requirements.
Do we have rights to go back on the former owner, for non-disclosure of this important issue? We certainly would not have bought this property had we known this. Another thing, we had an FHA loan, which I believe would not have been approved had this been disclosed. And is there actually implied easement, (since the laterals have been put in there for many years) where we would have the right to demand repair of our laterals from the neighbors for driving over them constantly? I do know there are no planning and zoning laws in Johnson county, but perhaps State or Federal law may govern this.
These are the type of neighbors who let their dogs roam all over other's property ( they even defecate on my gardens and patio), and basically try to bully the neighborhood because they have the "fancy house".
Thanks for any help you can give on this.
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