DIYbanter - View Single Post - preparing an offer on house that has easement for septic tank in neighbors yard

wrote:
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

That is the oddest thing I ever heard of. In addition to gathering the
information others suggested here are some further thoughts.

A house built in 1948 quite possibly is on its second septic tank/drain
field system and due for a third.

If you proceed with the sale, BE SURE the easement covers a total dig
up of the neighbor's yard to replace the field.

If you do proceed (without a new system in your backyard) get a HEFTY
reduction in price.

Harry K