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Posted to uk.d-i-y
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Septic Tank & Cottage with 0.1 Acres - Percolation Area etc...
wrote:
Phil L wrote:
Why would you *want* a septic tank in your garden?
Considering it's out of the way and you have right of way for
maintenance etc, why change anything? - it must have been like this
for many, many years before.
I was wondering, even if there is a formal right of way which has been
proven and verified by a solicitor, is it still possible that the
owner of the land on which the septic tank is situated could in the
future legally require the owner of the septic tank to remove the
septic tank from his land?
What I mean is, even if there is a legal right of way to the septic
tank whilst it is located in the other persons field, could they
legally require it to be removed and therefore leaving the cottage
without a septic tank?
No, a right of way is just that and is often written into the deeds as a
'covenant'...I'm not 100% sure on the wording or legal jargon but it
basically means that access to the septic tank (or whatever) is part and
parcel of the house - if he sells it next year or even in 30 years, it's
still in the deeds and whoever buys it cannot change it.
If you look into it, you'll probably find that the cottage and it's 0.1
acres were originally on (the farmers?) land and he has willingly supplied
the site for a septic tank so that the cottage could be sold, it's a common
occurence in the countryside!!
This would be better off posted in uk.legal BTW
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