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

....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.

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.



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