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

writes:

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

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.

"Todd H." wrote in message ...

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

This hints at incomplete knowledge of how septic tanks work.

--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada)