Septic tank easement

[superdave19]

I have some property in Tennessee that I am wanting to sell to a commercial developer. Located on my property is a septic tank (no field lines) that belongs to the adjacent property. The field lines are located on a third parties property. The septic tank has not been used in over 20+ years and is not connected. The building that it was originally connected to is mostly gone except for a small portion that has been converted into a garage. All this land was once school property with a school building that was divided 3 ways when it was closed. The septic tank in very rough shape and probably could not be used unless some extensive work was done. In my current deed (with no title search conducted by the attorney) there is no statement concerning an easement for the septic tank. However my deed does reference another deed (the owner of the septic tank) that states, “Also granted to the said Grantees, their successors and assigns, is the right to use the septic tank field lines as presently located, together with the right to repair &/or replace the same, if necessary.” The owner of the septic tank property does not want me to sell to the developer, so he is stubbornly fighting the whole deal. The town hall as well as the citizens want this deal to go through since it would drastically help our community. My question is, does this individual have any rights on my property? If so, how can I get them removed? Or what actions can I take to allow building in the location of the septic tank, as the developer wants to do? Please advise. Thank-you!

 

[rowz]

There are likely a couple of possible solutions. One costs many $, the other not so much.

As you state that there is a referenced deed that mentions maintaining the fields etc., then I would PAY to have the septic system evaluated and declared inoperable/unfit for use or rehailitation. After provable non-use for 20 years it may be considered abandoned.

The grantee/user wil have to be noticed [CM/RRR] as to the results with language that includes possible remedies and a deadline for a reply. I would make it short, say 10 days.
Also research your local codes for repairin/rehabilitating a disused septic system. The length of time itn has not been in use may be a valuable tool to wrench control from the grantee.

CONSULT a land use attorney and do so with the results of the septic survey in hand, it will speed up his task. The atty will know proper notice deadlines and the necessary language that should allow you to get this usage/easement extinguished. Also, they will know what avenue to take should the grantee desire to fix the system.

Good luck.

 

[FarmerJ]

Your own city /county could be of use here too! First is city water and sewer available to these lots ? Then does your city/county have specific ords addressing when systems must be replaced or when structures must be connected to public systems ? Does your local govt require septic inspections , if so, when like at the time of sale ? Do local ords spell out anything about when a system is not used for X amount of time ? Simple things too can help , like is there obvious signs that the tank is caving in from rusting out if its a old metal tank ? The ground would be depressed like a bowl or platter shape if its begining to cave in. What city records are there that might show that the original structure the septic system served has been torn down ? The answers to those things could help you big time in getting this problem settled.