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  1. #1
    MarkJ628 is offline Junior Member
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    Question Easement for septic drainfield

    What is the name of your state? Washington

    I purchased a home and property that included a separate 1/2 acre land parcel. I would like to sell the land as soon as possible, but a portion of my septic drainfield encroaches on the 1/2 acre property. Anyone know what my options would be regarding selling the property with this existing drainfield situation? Thanks for any help. --MJ
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by MarkJ628
    What is the name of your state? Washington

    I purchased a home and property that included a separate 1/2 acre land parcel. I would like to sell the land as soon as possible, but a portion of my septic drainfield encroaches on the 1/2 acre property. Anyone know what my options would be regarding selling the property with this existing drainfield situation? Thanks for any help. --MJ

    **A: do an encroachment agreement and record it on title.
  3. #3
    lwpat is offline Senior Member
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    It is unlikey a septic tank permit will be issued for the separte parcel. Unless sewer is available you better check with the health dept before you sell it as a building lot.
  4. #4
    MarkJ628 is offline Junior Member
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    Washington state

    All apologies for posting off thread. I lack forum experience and sometimes even basic common sense.

    Back on my ownest spool here and requesting consensus or collision with lwpat's opinion that it is "unlikely a septic tank permit will be issued" for my separate tax parcel. Anyone with personal experience or knowledge of outcome in same or similar matter would be greatly appreciated. --MJ
  5. #5
    jimmler is offline Member
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    Quote Originally Posted by MarkJ628
    Washington state

    All apologies for posting off thread. I lack forum experience and sometimes even basic common sense.

    Back on my ownest spool here and requesting consensus or collision with lwpat's opinion that it is "unlikely a septic tank permit will be issued" for my separate tax parcel. Anyone with personal experience or knowledge of outcome in same or similar matter would be greatly appreciated. --MJ
    From my own experience, 1/2 acre is small for a well and septic lot. It is very difficult to meet the required setbacks from the well to the septic system to proposed house. Do you have public water? This would help the situation.

    The fact that there is an encroachment of your septic system makes it even worse for fitting it all on the lot. You may be required to perc test the 1/2 acre lot, and also your existing house lot.

    You should also have a real estate attorney look at the lot description and make sure it is a legal buildable lot (I have seen lots recorded before that did not comply with the subdivision regulations and laws at the time of creation, and when the owner applied for a building permit, they were denied).

    jimmler
    I am not a lawyer, I have worked in surveying since 1989.
  6. #6
    justalayman is offline Senior Member
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    another point to look at is what are the requirements for minimum lot size in your neighborhood. Is it even large enough to legally meet that requirement.

    as well does it have proper access to allow it to be built upon?

    .
    Last edited by justalayman; 01-07-2006 at 06:57 PM.
  7. #7
    jimmler is offline Member
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    Quote Originally Posted by justalayman
    another point to look at is what are the requirements for minimum lot size in your neighborhood. Is it even large enough to legally meet that requirement.

    .
    I agree, but even if it does not meet the current minimum lot size, it may still be a buildable lot. It could have been created prior to current subdivision reg's and could possibly be grandfathered in.

    A surveyor and/or attorney should be consulted to answer these questions, spending some money up front could save you big lawsuits in the future.
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by jimmler
    I agree, but even if it does not meet the current minimum lot size, it may still be a buildable lot. It could have been created prior to current subdivision reg's and could possibly be grandfathered in.

    A surveyor and/or attorney should be consulted to answer these questions, spending some money up front could save you big lawsuits in the future.
    Posibbly but a couple phone calls is alot cheaper to at least get him started
  9. #9
    jimmler is offline Member
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    Quote Originally Posted by justalayman
    Posibbly but a couple phone calls is alot cheaper to at least get him started
    Sure, a couple of phone calls to the wrong people, who give him wrong answers, and point him down the wrong path. A surveyor would give them advice and a proposal for exactly what is needed. But, your solution is cheap.
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by jimmler
    Sure, a couple of phone calls to the wrong people, who give him wrong answers, and point him down the wrong path. A surveyor would give them advice and a proposal for exactly what is needed. But, your solution is cheap.
    I don't know where you are from but if this guy calls the building department and the health department and the zoning department, he will have all the basic answers he needs.

    Since when does a surveyer do more than survey the property. They have no authority in any of this situation.

    I would like to give the OP enough credit to at least know how to dial the phone. You seem to think if he doesn't pay for his info it is somehow defective.
  11. #11
    justalayman is offline Senior Member
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    Quote Originally Posted by jimmler
    Sure, a couple of phone calls to the wrong people, who give him wrong answers, and point him down the wrong path. A surveyor would give them advice and a proposal for exactly what is needed. But, your solution is cheap.
    a surveyer does not determine how much room is needed for a leachfield.
    a surveyer does not determine where a drive can be placed
    " " how much square footage is required to make a lot buildable

    A surveyor does not determine any of the local ordinances that would apply and does not neccessarily know what they are.
  12. #12
    jimmler is offline Member
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    Quote Originally Posted by justalayman
    I don't know where you are from but if this guy calls the building department and the health department and the zoning department, he will have all the basic answers he needs.

    A..If he knows which people to talk to, such as the director of the department, and not the person at the front desk. And get it in writing from said director.

    Since when does a surveyer do more than survey the property. They have no authority in any of this situation.

    A..Surveyors do much more than just survey property, most are land development consultants also who keep up with applicable land law, such as subdivision, environmental (ex. health department) and zoning regulations. Since surveyors work with this every day, we know who to ask and what questions.

    I would like to give the OP enough credit to at least know how to dial the phone. You seem to think if he doesn't pay for his info it is somehow defective.
    I am not saying OP could not pick up the phone and ask some questions, what I am saying is from my personal experience, you can get some really wrong answers from people at local agencies. I have heard it time and time again from clients calling after they talked to them, told them what they needed to do to sell a buildable lot, and it was completly wrong or incomplete.

    Also, if you have the proper professionals involved, they are liable for the information they provide to you. If you do it on your own, you are on your own.
    Last edited by jimmler; 01-07-2006 at 07:57 PM.
  13. #13
    HomeGuru is offline Senior Member
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    Quote Originally Posted by jimmler
    I am not saying OP could not pick up the phone and ask some questions, what I am saying is from my personal experience, you can get some really wrong answers from people at local agencies. I have heard it time and time again from clients calling after they talked to them, told them what they needed to do to sell a buildable lot, and it was completly wrong or incomplete.

    Also, if you have the proper professionals involved, they are liable for the information they provide to you. If you do it on your own, you are on your own.

    **A: that makes sense.
  14. #14
    jimmler is offline Member
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    Quote Originally Posted by justalayman
    a surveyer does not determine how much room is needed for a leachfield.

    Many times they do by interpreting health dept. reg's.


    a surveyer does not determine where a drive can be placed

    Many times they do.
    " " how much square footage is required to make a lot buildable

    A surveyor does not determine any of the local ordinances that would apply and does not neccessarily know what they are.
    Sorry, again, they do.
  15. #15
    justalayman is offline Senior Member
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    Quote Originally Posted by jimmler
    I am not saying OP could not pick up the phone and ask some questions, what I am saying is from my personal experience, you can get some really wrong answers from people at local agencies. I have heard it time and time again from clients calling after they talked to them, told them what they needed to do to sell a buildable lot, and it was completly wrong or incomplete.

    Also, if you have the proper professionals involved, they are liable for the information they provide to you. If you do it on your own, you are on your own.
    No you inferred unless you paid for the advice it was defective.

    Sure, a couple of phone calls to the wrong people, who give him wrong answers, and point him down the wrong path
    Instead of running off and fattening the pocket of some attorney, the OP should make some initial inquiries on his own. If anything is in doubt, he can see the pertinent ordinances and building rules. If he feels he is getting short changed he still can spend the money.

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