Septic was not fully disclosed

[vstelfox2000]

that's the problem; you cannot force an easement on him. You can enforce an implied license because that is what you have but that is limited in it's purpose and duration. There is nothing you can do to demand he acknowledge it though. It would only be an issue if he attempting to demand you remove the encroachment.


so the surveyor did locate the septic system? If so, of the bunch you listed, that is the ONLY one whose opinion actually means anything, at least as far as the location.

Good point, I have not spoken directly to the surveyor, but I know he been full involved. I will ask him if where he claims my septic tank is, how can he be for sure.


is there enough land to be able to install a septic system on your own land if needed? If so, it may be cheaper to either install one so this is not an issue or at least consider adjusting the sales price of the house (or offer incentives actually) to go towards the cost of a new one for a buyer.

If I had the money to do this, yes it the easiest thing to do. You been extremely helpful, thank you for answering all my questions.

 

[csi7]

Exactly what part of the septic system is on the neighbor's property?

When our drain field had to be repaired, replaced, and raised, due to the environmental protection needs, we were limited to where the drain field could be placed ON OUR PROPERTY. The environmental health inspector and the entire field team worked with the builder and the septic tank company to keep it legal and least expensive to the builder and to us.

If the actual septic tank is on the neighbor's property, then you have a cost of new septic tank, and new drain lines for consideration. If it is just the drain lines, then a new set of drain lines can be prepared on your property.

In our case, we ended up having four inches to the property line and raising the drain field (which meant adding windmill pipe arrangement to the drain line), to give us the necessary requirements for the septic tank.

The original septic tank was cracked and was repaired while the ground was open, the new holding tank was put in where the old drain field was, and the new drain field ran around the side of the house because to put it in the back would be too close to the wetlands.

Nothing can be removed from the property unless it is treated as biohazardous waste (which makes it expensive). We spread out the dirt across the inside of the property line, put lime on it to defuse the smell immediately, and the neighbor was unhappy with the view of the drain hill. The next part was landscaping the area in such a way to not obstruct the drain field, so in front of the hill, a quick growing shrub group was placed, which hid the hill.

Best wishes.

 

[Cedrus]

So your septic tank was never pumped out in the 7 years you have been there? Also......I guess there was not a septic system inspection mentioned in your purchase agreement?

 

[justalayman]

So your septic tank was never pumped out in the 7 years you have been there? Also......I guess there was not a septic system inspection mentioned in your purchase agreement?

some states do not require a septic inspection so unless the lender (or backers) themselves require it (VA requires everything be inspected the last I knew, others vary), it would not be an issue. As well, depending on the use, while one should generally not wait 7 years between servicing, especially when purchasing a home so there is no known means to establish a proper servicing schedule, that may not actually be a problem either.

the OP's problem is actually an all too common problem. In fact, it is probably a lot more common than anybody realizes since unless there is a problem, the encroachment may never be discovered.

 

[Cedrus]

I thought there was a SLIGHT chance there was a pump-out or an inspection. If so, there would be notes or a map indicating the exact location.

 

[Cedrus]

Another thought......go to county and find the permit for the septic. Then find the drawing done by the installer and approved by the county.

 

[FarmerJ]

Cedrus many counties here are so lax about inspection during installation that its not funny , in Pine county mn not only was the septic of one home on a neighbors land but so was the house and this was discovered After it had been sold due to foreclosure and had been in place for a few years, one of the sites I work near but is rented , its current owner was the one who had it built and its septic is encroaching on nbrs land. It was not until last year that my county in Mn finally is requiring buyer or seller at the time of sale to not only have system inspected but someone must take responsibility to bring it into code compliance if its out of compliance like a straight pipe system. Ive known rural mn home buyers who 3 and three years after a home was put in had inspectors finally show up to do inspections that should have been signed off on long ago and even when they do show well after the fact they do not even look at so called plat maps and try to at least visually see if there is a system encroachment.