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Septic tank location

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oldhouse

Junior Member
What is the name of your state? Illinois
I own an older home and have owned it for over 20 years. The house was part of an estate that was subdivided in the 60's. When I boutght the home I new that the septic tank was partially on the neighbors property and I was told that it was a non issue since there was no claim against in . It has now been at least 27 years. I am selling the property and the neighbor no wants me to remove the septic tank. I assume this tank which has been maintained by me for over 20 years and the previous owner would be exempt under adverse possession. I do not want this issue to interfere with sale of my property.

thanks
 


jimmler

Member
oldhouse said:
What is the name of your state? Illinois
I own an older home and have owned it for over 20 years. The house was part of an estate that was subdivided in the 60's. When I boutght the home I new that the septic tank was partially on the neighbors property and I was told that it was a non issue since there was no claim against in . It has now been at least 27 years. I am selling the property and the neighbor no wants me to remove the septic tank. I assume this tank which has been maintained by me for over 20 years and the previous owner would be exempt under adverse possession. I do not want this issue to interfere with sale of my property.

thanks
There is no exemption under adverse possession, and it is not automatic. You would have to go to court, meet a specific set of conditions for adverse possession, and convince a judge you are right (time + lots of money).

You are better off trying to negotiate an easement with the neighbor (ie pay them for the easement, and pay an attorney and surveyor to do all the necessary paperwork), or moving the tank onto your own property (with the Health Departments approval).

No bank I know of would loan money without this being cleared up.

jimmler
I am not a lawyer, I have been in surveying since 1989.
 

seniorjudge

Senior Member
jimmler said:
There is no exemption under adverse possession, and it is not automatic. You would have to go to court, meet a specific set of conditions for adverse possession, and convince a judge you are right (time + lots of money).

You are better off trying to negotiate an easement with the neighbor (ie pay them for the easement, and pay an attorney and surveyor to do all the necessary paperwork), or moving the tank onto your own property (with the Health Departments approval).

No bank I know of would loan money without this being cleared up.

jimmler
I am not a lawyer, I have been in surveying since 1989.
100% correct.

Plus, I would like to add that it sounds like the possession started out as permissive ("When I boutght the home I new that the septic tank was partially on the neighbors property and I was told that it was a non issue since there was no claim against in .") and that means it can't be adverse.
 

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