preparing an offer on house that has easement for septic tank in neighbors yard

    Hello everybody,

        My wife and I were prepared to make an offer on a house today
before our realtor showed us the sellers disclosings that "easement for
septic tank in west neighbors yard".  NOW, our realtor advised me to
hold off a day while she went and tried to find out more information on
it (if it was recorded, and how it was recorded).  She mentioned to me
that if it was a true easement, my neighbor could not sue me.  Now,
this is my first house, and I am somewhat new to septic systems( but
learning fast!!) and just figured I would ask my question in a forum
like this to see if I could get any suggestions.  If anyone is willing
to help me out I would appreciate it.  The house was built in 1948 and
sits on a half acre.  The strange thing is, the house is in Evansville
Indiana (population 150,000) and is located within city limits, I would
have thought they would have sewer lines run by now (she is also
checking to see if sewer is availble).  So would this be a deal breaker
to many people?  We love the house and the price as is, but my realtor
suggested "worse case scenario" offer full price and make them put new
septic system in our own yard.  Any thoughts?

thanks!!

Andy Stocker

  astocker@sigecom.net writes:

Indiana's dirty little secret is the disturbing popularity of flushing
their shit into their back yards. I talked with a relocatee form
Indianapolis who talked about it and really is curious what's going to
happen when half the city's septic systems gtart giving out at around
the same time.

Your situation is really interesting in that your shit would be
rotting in your neighbor's back yard.  Good times.

Your realtor is wise to give pause to check everything.  I'd be
getting a real estate attorney involved to and make sure your offer
contract gives you a few days for attorney's review.

Best Regards,
--
Todd H.  
http://www.toddh.net/

 
Unless you have total legal confidence in your realtor, you
also need a real estate lawyer adept in local conditions.
Septic tanks can last for ever in good conditions (stable
soil, not too much rain, tank large enough for actual users).
The realtor can examine service records (when the tank was
last pumped empty, by a company competent to advise on the
tank's condition etc.) and advise.

The permanence of this easement is the important factor.  It
should include the tile bed (leach field) as well as the
tank.  The history of this construction is probably that the
tank was installed on a one-acre lot, later divided in two to
build a second house next door.



This hints at incomplete knowledge of how septic tanks work.

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)

 On Tue, 14 Feb 2006 07:55:44 -0500, someone wrote:


Maybe, maybe not.  Sure all land was divided up from something else
some time (and it also sometimes gets put back together too).

Anecdotal examples:

When I bought land for my house, I bought 2 adjacent lots as a package
deal.  The Seller said that they had found they couldn't build on the
2nd lot as (due to a seasonal watercourse) the only place they could
get an approved septic system in, was over on the first lot.  BUT the
Town didn't allow that any more.  So the 2nd lot was sort of 'thrown
in' to the deal.  This is land that had been divided into 'paper lots'
way way back when regulations were lax and long before any building
took place.

HOWEVER - later on, I bought several more lots in the same Town, all
contiguous.  And one of them also had that "no place for the septic"
thing, for the same reason.  (It was therefore assessed very low as a
non-buildable lot.)  So what did I do?  Well, I just moved the lot
line.  I had enought total frontage and acreage to do this.  More than
one way to skin the cat, as long as both lots are under the same
ownership BEFORE they are built on.  Afterwards, and it gets harder to
be 'creative'

Particularly if the "servient estate" (the one having the easement put
upon it) has a mortgage on it already, and/or it can't afford to give
up any size, it can be easier to 'just' put an easement on it, than to
change the boundaries.

It's odd but not unheard of.  Before regs got stiffer, it supposedly
used to be done in my Town.



Reply to NG only - this e.mail address goes to a kill file.

 Wow, that's an interesting situation.  Information is definitely your
friend here.  The first question is, does the house indeed have septic
or is it hooked up to a city sewer.  I would not assume anything.  If
it does have septic, you need to know where is the tank, and where is
the leach field.   An easement, if properly drawn up and recorded, can
give you the right to continue this arrangement, but it could be kinda
awkward.  You might want to have evaluations done by (a) lawyer and (b)
plumber.  Write back to tell us who charges more!

One note of advice: if putting in a new septic system, it might be
better to have them knock the cost off the selling price and have it
put in yourself, if you can make the financials work.  That way the
work is done to your liking and specifications, not theirs.  You have
the greatest incentive to ensure it is done well.  Speaking of which,
is there a well also?  -- H