Septic tank on neighboring land

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Anony2022

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Myself and husband are looking at buying a rural derelict house. It ticks a lot of boxes and is coming in at good price however there is an issue. The septic tank is on neighboring land and apparently the farmer who owns the land has refused to sign right of way in order to access the tank to service and/or upgrade.
Where do we stand in this situation? We really want the property and dont want this to be the one thing that stops us from getting it.
Any advice etc appreciated.
 
That’s why it’s coming in at a good price.

As an alternative, you could establish whether you could build an alternative septic tank on the grounds of the existing dwelling and the neighbour need not be worried about granting rights of way.

Otherwise, as @noproblem says, run.

Edit: for the sake of completeness, it’s likely that the existing owner would have acquired a legal right of way over time, though never formalised it.

You could try and insist that the vendor regularises the position with the neighbour, otherwise you’ll pull out of the sale. Otherwise it’ll be left for you to do.

The end result, if the neighbour won’t deal, is you having to make a court application to formalise the right of way. A court would likely find in your favour, but it’s not a great start to a neighbourly relationship if you both end up in court with you suing the neighbour. That said, if you like the property enough and have the money and patience for a two to three year litigation process, then by all means.
 
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Johnno75 said:
That’s why it’s coming in at a good price.

As an alternative, you could establish whether you could build an alternative septic tank on the grounds of the existing dwelling and the neighbour need not be worried about granting rights of way.

Otherwise, as @noproblem says, run.
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The land isnt big enough. Its a pretty small garden.
We live a good bit away so we have no way of meeting up with this man at the moment. Unless we go sale agreed, take house off market so long as we get to speak to the owner of neighbouring land and if he isnt very nice about it we can just back out of it …cant we?!
 
Anony2022 said:
The land isnt big enough. Its a pretty small garden.
We live a good bit away so we have no way of meeting up with this man at the moment. Unless we go sale agreed, take house off market so long as we get to speak to the owner of neighbouring land and if he isnt very nice about it we can just back out of it …cant we?!
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You’re always free to back out, unless contracts are signed and exchanged. You’re free to talk to the neighbour at any time.
 
Johnno75 said:
Edit: for the sake of completeness, it’s likely that the existing owner would have acquired a legal right of way over time, though never formalised it.
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If the house is now derelict the continuous use would be difficult to establish now and to formalise to include a transfer as part of the sales contract.
 
Anony2022 said:
Myself and husband are looking at buying a rural derelict house. It ticks a lot of boxes and is coming in at good price however there is an issue. The septic tank is on neighboring land and apparently the farmer who owns the land has refused to sign right of way in order to access the tank to service and/or upgrade.
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As the house is derelict, you will need to apply for planning permission to bring it back into use. This will mean the building and treatment system will have to be brought into compliance with the current regulations. Given the other land owner isn't happy to continue the arrange with the previous owners, it's likely they would object to any planning that would affect their lands.

You need to established if there is a local needs policy in place first of all and then speak to someone familiar with the local planners to see what they would be likely to allow.

Time to move on me thinks.
 
Leo said:
If the house is now derelict the continuous use would be difficult to establish now and to formalise to include a transfer as part of the sales contract.
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Fair point. That said, its existence without objection from the neighbour would likely count for something.
 
I know we should ‘run’. But we just want to know what we should do if we decide to go ahead.
So first off - try meet with the owner of the land.
If he refuses then what is next?

On a slightly other note, are cesspits still allowed in Ireland? As we plan on only using this as a weekend getaway we thought maybe this would be an option if we cant get access to the septic tank..
 
Johnno75 said:
Fair point. That said, its existence without objection from the neighbour would likely count for something.
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The neighbour could simply say they agreed to let the former owners use it for a time, but did not consent to permanent access or a transfer. Without anything in writing...

Anyway, I think the planning will be the bigger hurdle, and it's likely the existing septic system doesn't meet current requirements and would need to be replaced.
 
Anony2022 said:
I know we should ‘run’. But we just want to know what we should do if we decide to go ahead.
So first off - try meet with the owner of the land.
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No, your first step should be to get legal and planning advice.

Only go to the landowner when you've your homework done on both.
 
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Anony2022 said:
If he refuses then what is next?
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You will have to take legal and planning advice and then will have to decide whether you want to proceed with the purchase of the property in the knowledge that you would have to instruct Solicitors to institute proceedings against your neighbour for an order granting a right of way etc. (Per @T McGibney above, seek legal and planning advice first).
 
Anony2022 said:
I know we should ‘run’. But we just want to know what we should do if we decide to go ahead.
So first off - try meet with the owner of the land.
If he refuses then what is next?
Click to expand...
If he refuses there is nothing you can do. Bringing the system up to modern standards is likely going to require significant works including excavation of what's there. You can't force that on someone else's property.

As Tommy says, you need to speak to someone familiar with planning in the area to find out if you have any hope of getting permission to bring the property back into use. If that isn't a runner, you are risking paying over the odds for a piece of land that is likely of no use to you, and would likely sell at a loss.

Anony2022 said:
On a slightly other note, are cesspits still allowed in Ireland? As we plan on only using this as a weekend getaway we thought maybe this would be an option if we cant get access to the septic tank..
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Thankfully no, there are strict requirements in place to protect our water sources. The site linked above will explain it all.
 
Thank you all for this advice. Its really helping to keep my feet on level ground here as my heart just wants the property so much.
I will talk to my solicitor. I have sent an email to the local county council also.
Where is the link Leo? I cant see it..?!
 
A new septic tank and percolation area will be required within the confines of your site boundary to move forward here. If you go to planning for any renovation works they will insist on bringing the existing septic tank up to current specifications. Given said property is derelict it is unlikely that the existing structure will be compliant with current guidelines. If there is a bank involved it will be a definite no.
 
Another option is to consider asking seller to purchase the necessary strip from landowner if he is willing to sell. Ultimately you need to control this part of the property. A good local solicitor will know what to do and the parties involved
 
It sounds to me that the neighbouring farmer does not want the sound of building going on beside him and will object to anything along the way to keep it that way. Until you meet and talk to him there are many reasons for a Forrest Gump here.
 
Already derelict, septic tank access issues, likely septic tank functional issues, potential disgruntled neighbor from the get go, presumably unliveable for say 2 years once you complete the sale.

I'd walk and put my money and mental bandwidth to work finding alternatives with much less friction.
I do hope you find a nice place as an alternative. Good luck with your search.
 
Farmer either wants to sell that bit of land or wants to buy house themselves for half nothing due to the tank problem or alternatively they could just not want a neighbour!

Only option that works for you is if they want to sell the bit but obviously you have to come up with that money then.
 
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