Shared Septic Easement

What is the name of your state? Florida

I just purchased a piece of property with an old house and old septic tank. In the title search an easement was found that gave the neighbor the right to use my septic tank. Apparently back in the 40’s the tank was a shared septic tank. Today the neighbor has his own septic tank and seems to have no immediate desire to hook up to mine. The neighbor has a large lot and plenty of space for his own tank. My house is still hooked up to the old tank and it still works.

My question is what rights does this give the neighbor? It is currently not legal to share a septic tank here; would that prevent him from some day hooking back up? If this tank fills up and I destroy it and put in a new one does he have any rights to it (the local building code requires that abandoned septic tanks be destroyed)? Does the easement give him the right to put a tank on my property or other access rights?

Without actually READING all the language of the easement and knowing the applicable state and local ordinances regarding installation of a septic tank, it's really impossible to say. You may wish to consult a RE attorney to review.

Additionally, check with the regulatory entities that would control permits for such an installation. If for example, a hook up to your property could not be granted a permit under any circumstances (due to distance and other factors), the current regulations regarding such a hook up may make the unused easement moot.

Simply, have an attorney draw up a termination of the easement and present it to the neighbor for signing..... then record it with the county.

Yes, case closed.