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un-disclosed drainfield

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Junior Member
What is the name of your state (only U.S. law)? Virginia
I just purchased a piece of Real Estate from an owner that inherited the lot. She received 10 acres and sub-divided 2 acres off a few years ago with a house leaving 8 acres with another house. Last year she sub-divided again selling 6 acres and keeping the last 2 with the other house. Here is where my problems come in. Early this year the first parcel and house's drainfield started failing and found out that it is on my 6 acres. The new owners have only tried to temporarly fix problem. I started construction on my new home on the 6 acres that I bought. While putting the driveway in I found the drainfield for the other 2 acres and house also on my property. My driveway runs directly over the pipes. No one is living in this house so its hasnt started to fail yet. The owner is renovating to sell so its emty. There are no easments or right aways on the deed or plat. Shouldnt have this been disclosed to me before it was sold? What legal actions can I take to have them move the drainfileds. I dont want them to sell and later on the drainfield fail and ruin my driveway.


Junior Member
The first thing I would do would be to talk to your neighbor about the encroaching leach lines. I am positive that he will address the encroachment for the simple fact that he is trying to sell the property. He will have to disclose that information to any potential buyers.

No one in their right mind would want to buy into a problem like that.
Like I said, the best course of action for you to take is communication with your neighbor. If for whatever reason that doesnt work, talk to the county health department and see what they have to say.

Just my opinion

Good Luck!


Senior Member
Yes learn what your county zoning dept rules are for lot sizes. Why? you want to know if the other two homes could eventually put the septic systems on there own property. Obviously this will impact where you are going to be able to put in your drinking water well and your own septic system. YOU do need to speak to a atty , this should have been disclosed to you , Before you speak to a atty & have a boundry survey done so you can determine exactly how much of the two other properties septic systems are over into your lot. You also want to learn from your county if mound style septic systems are allowed as well as what the county rules are for holding tank only. You want to know what the options are so you also are aware of what the nieghbors options are. Dont be afraid to use the counties rules to force the one with a failing system to relocate it onto there own property.

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