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Septic Easement and Well Proximity

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fish-bum

Guest
What is the name of your state? Maine

I have an easement onto my neighbors property across the streeet to install a new septic system. My neighbor is not friendly.

The wording is:
"Reserving, however, to the Grantors herein, their heirs and assigns, rights and easements to place a septic system at the expense of the grantors, their heirs and assigns, on lot X... ...This easement includes all necessary rights needed in order to install said system as well as the rights of necessary access for maintenance, upkeep, and repair of said system once installed...."

At issue is the neighbors well is within 100 feet of the planned system, so I need his signature on a variance. Can he actually prevent me from installing this system by refusing to sign the well release???? :confused:
thanks
 


F

fish-bum

Guest
What - not even any bad advice??? !!!!!

here is another angle at this - IF you have an easement onto your property for a neighbor to place a septic system onto it, You can prevent that from ever happeneing by placing a well within 100 feet of the easement area!!!!


That's why this seems so odd that my neighbor can prevent a septic installation by not signing a release....
 

Greg 2

Member
Ahah.....The layman in me seems like you already have this one figured out...easement & vacant lot = septic system; well within 100 feet= no septic system,...,...or does it? Check into the availability of a septic system that doesn't need a 'field'. Yes, it is a bit more expensive and you must add a tablet or two each week, but the upside is that it needs no laterals and the water is clear when it comes out thus it can be drained as rainwater.

Probably much cheaper than moving to a new address.

Oh, and one more item--you can tell the neighbor you will help fill his well with your you-know-what!!!:>)
 
F

fish-bum

Guest
I've heard from others that adding a well too close while knowing there is an easement is called a "spite" well, and is illegal.

I've posed this question also to a local real estate attorney, when I get an answer I'll post the response, hoping it can help someone.

I bought the house 4 yrs ago believing I could install a new system in the easement, I wonder if this was misrepresented to me?

Actually the tact I will take with the neighbor across the street is that my existing (and unknown condition) septic is actually closer to his well than the new system would be.... So I'm actually HELPING him by putting in the new system....
 

ms.magoo

Member
Well I'll give this question a shot. If your neighbour hasn't actually drilled an put his well in, then if I were you, I'd run like a bat out of hell to the nearest real estate lawyer, like yesterday. Show him your exact easement agreement, an if you're the dominant tenement, which it sounds like you are, then I would think your legal rights to install your septic on that easement area would supercede his intentions of installing his new water well within the 100 feet of your septic system. While its being figured out on who is above who, (should be you, but its in the wording of that easement agreement) an who can do what first, get the lawyer to put a motion into the court for a interloctuary injunction making it so he can't install his new well until this matter has been dealt with in a civil court of law. Then he'll have no water an well you'll just have to go an rent a porty potty for a while, lol. Just my idea, lol. :D
 

BelizeBreeze

Senior Member
This is a local zoning ordinance issue.

Find a copy of the State of Maine Subsurface Wastewater Disposal Rules and read them.
 
S

seniorjudge

Guest
fish-bum said:
What is the name of your state? Maine

I have an easement onto my neighbors property across the streeet to install a new septic system. My neighbor is not friendly.

The wording is:
"Reserving, however, to the Grantors herein, their heirs and assigns, rights and easements to place a septic system at the expense of the grantors, their heirs and assigns, on lot X... ...This easement includes all necessary rights needed in order to install said system as well as the rights of necessary access for maintenance, upkeep, and repair of said system once installed...."

At issue is the neighbors well is within 100 feet of the planned system, so I need his signature on a variance. Can he actually prevent me from installing this system by refusing to sign the well release???? :confused:
thanks
Q: Can he actually prevent me from installing this system by refusing to sign the well release?

A: Yes, if it violates any natural resources requirements or environmental laws.
 
A

absconder

Guest
Septic tanks leech water into the surrounding area and could infect his well water.If he gets sick whos responsibility is it then?
 
F

fish-bum

Guest
The neighbors well already exists, I don't know how long it has been there but his deed is very clear that we have an easement for our septic system.

In our area there is no leaching and the likelihood of the neighbor getting sick is very small. It's an old law. I wouldn't wish that on anyone, but this guy...

Like I said, his well is currently closer to my existing (old) septic, I'd estimate about 40 feet. So the new system places it farther from his well.

It makes sense for him to support the new sytem, but he likely will not. I'm trying to find out what legel grounds I have thru this forum.
 

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