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Septic laterals encroach on neighbor - easement?

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animalfriend

Junior Member
What is the name of your state (only U.S. law)? VA

I have a house under contract (a foreclosure). The adjoining neighbor informed me today that the lateral lines from the septic system encroach onto his property and that I would have to move them. The tank is on the land I'm buying as are most of the lines, with about 50' of the lines extending onto his land.

He told me that he built the house and had the septic installed in 1970. In researching the deeds, I discovered that at the time the septic was installed, the lot was owned by the same person as the lot where it encroaches. The surname is the same as the man I spoke with, though the first name is different, so I'm surmising the property was all owned by one of his relatives when the system was installed.

The house has changed hands multiple times since it was built in 1970 and the person with whom I spoke today last acquired it in 1990 and sold it in 1991. When I asked if he'd consider selling the adjoining lot (steep, unbuildable, and virtually useless), he said that he just sold it. He also said that he recently plowed his garden and dug up the lines (doubtful because the lines are approximately 3' deep). He said the system would have to be redone - and moved off his lot - before the house could be lived in.

I should add that this person told us he also put an offer on the house - and was most likely upset that our offer was accepted, so he's trying to discourage us.

I'm thinking this septic system would qualify for an implied easement. It was installed at a time when both the lot with the system and the lot where it encroaches were owned by the same person. It's been used continuously since (with the exception of the past year since the foreclosure). It's necessary for use of the house. It's particularly bothersome that the person who claims to have installed it is now objecting to its existence.

If I can have new lines installed at a reasonable cost, I will do so to avoid a war with my new neighbor, but the 1-acre lot is very steep and I'm surmising they were originally installed where they are because the rest of the lot was not suitable.

I love the lot/house and would really like to purchase it, but obviously, I don't want to buy a lot without a septic system and no other options.

I'm wondering if this sounds like a case of implied (quasi) easement (or easement by prior use) and if so, what recourse do I have against him if he's destroyed the lines, as he's claimed (or does so in the future)? And are these cases typically cut-and-dry or is a long court battle likely to ensue?
 


FarmerJ

Senior Member
Since your going to buy it and already under contract get a survey done that shows exactly where the lot lines are and if possible to include the septic drain field is laid out ( that is if there is pipe caps sticking out that make it real easy to see where the leach lines are) Check with your county to learn what you would have to do if you were to replace the system and make sure you learn what all the alternates are which in some places include mound style systems built into a side of a hill , holding tank that requires frequent honeysucker service , as well as regular drain field , and if city sewer is coming any time in the future. Once you know how much if any of the system is really over on that other lot then plan on talking to a atty about suing for a prescriptive easement , I say it that way because its been in place that long.
 

fishbo

Junior Member
Septic system

A septic system goes with the house it is connected with. Typically, in the state of Tennessee, if the system has been encroaching on another piece of property for at least 10 years without objection, it is an implied easement. I work as a septic system inspector and have come across this many times. The property where the system is encroaching will have to honor the easement and can do nothing to damage the system, if damage has occured, that person is responsible for making it right**************...check with your local environmental office for your file regarding your septic system, it might contain information which will solve your problem.

This is just an opinion and not legal information. Please refer to a professional for detailed options.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? VA

I have a house under contract (a foreclosure). The adjoining neighbor informed me today that the lateral lines from the septic system encroach onto his property and that I would have to move them. The tank is on the land I'm buying as are most of the lines, with about 50' of the lines extending onto his land.

He told me that he built the house and had the septic installed in 1970. In researching the deeds, I discovered that at the time the septic was installed, the lot was owned by the same person as the lot where it encroaches. The surname is the same as the man I spoke with, though the first name is different, so I'm surmising the property was all owned by one of his relatives when the system was installed.

The house has changed hands multiple times since it was built in 1970 and the person with whom I spoke today last acquired it in 1990 and sold it in 1991. When I asked if he'd consider selling the adjoining lot (steep, unbuildable, and virtually useless), he said that he just sold it. He also said that he recently plowed his garden and dug up the lines (doubtful because the lines are approximately 3' deep). He said the system would have to be redone - and moved off his lot - before the house could be lived in.

I should add that this person told us he also put an offer on the house - and was most likely upset that our offer was accepted, so he's trying to discourage us.

I'm thinking this septic system would qualify for an implied easement. It was installed at a time when both the lot with the system and the lot where it encroaches were owned by the same person. It's been used continuously since (with the exception of the past year since the foreclosure). It's necessary for use of the house. It's particularly bothersome that the person who claims to have installed it is now objecting to its existence.

If I can have new lines installed at a reasonable cost, I will do so to avoid a war with my new neighbor, but the 1-acre lot is very steep and I'm surmising they were originally installed where they are because the rest of the lot was not suitable.

I love the lot/house and would really like to purchase it, but obviously, I don't want to buy a lot without a septic system and no other options.

I'm wondering if this sounds like a case of implied (quasi) easement (or easement by prior use) and if so, what recourse do I have against him if he's destroyed the lines, as he's claimed (or does so in the future)? And are these cases typically cut-and-dry or is a long court battle likely to ensue?
**A: there should have been an encroachment agreement done when the lot was sold by the owner that owned both properties. You may have a prescriptive easement but need to consult an attorney.
 

animalfriend

Junior Member
Update - Purchased the home...fingers crossed.

Thought I'd post an update... I went ahead with the purchase. Closing was today.

Rather than try to sort out the legalities myself, I called an attorney and explained the situation. The woman I spoke with said the lines may not have to be moved and the attorney would be sure there was an easement as part of the title search done before closing. I had read the deeds myself and didn't see an easement, but I could have missed it.

I haven't had a chance to talk to the attorney directly, but my contact at his office (paralegal?) said the attorney did the search himself. There were no problems and we closed as scheduled. The survey (clearly showing the encroachment) was recorded with the past two deeds (1991 and 1995), so I'm sure he saw it. I just hope he got my message about the encroachment and looked at it closely enough to be sure there was also a resolution. And I hope my neighbor is accepting of whatever the resolution may be.

I also made sure the county would allow me to move it, if necessary - which they will. So, as a "worst case" scenario, I'll have to move it. But I'm hoping the attorney was thorough and there is a peaceful resolution.
 

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