# septic tank ownership  , its not on my land



## hardworker (14 Feb 2008)

My septic tank is not in my land but in an adjoining field. This field was orignally with the house but was sold 30yrs ago with the septic tank already in field.
Do I own this septic tank ?
Do I have a legal right to carry out an upgrade to tank even though its not on my land ?

any knowledge of similar problems would be appricated

thanks

hardworker


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## Pulped (15 Feb 2008)

You'd want to get your solicitor on this one to look at the title deeds in question and see if any mention was made of the septic tank when the field was sold off. Even if the tank is not legally yours you could have an easement over it but it's a question that you would really need to get a professional to answer.


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## ney001 (15 Feb 2008)

hardworker said:


> My septic tank is not in my land but in an adjoining field. This field was orignally with the house but was sold 30yrs ago with the septic tank already in field.
> Do I own this septic tank ?
> Do I have a legal right to carry out an upgrade to tank even though its not on my land ?
> 
> ...



Hey, we have the same situation.  We have a 99 year lease on our septic tank  and have a legal right of way onto the land to service it and upgrade it etc.  The owner of the land even made a point of saying to us that we have access at any time to the septic tank and can do so without her permission.  I don't know how you stand unless you have a lease on the septic tank


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## murphaph (15 Feb 2008)

ney001 said:


> Hey, we have the same situation.  We have a 99 year lease on our septic tank  and have a legal right of way onto the land to service it and upgrade it etc.  The owner of the land even made a point of saying to us that we have access at any time to the septic tank and can do so without her permission.  I don't know how you stand unless you have a lease on the septic tank


As pulpled said, there could be an easement over the adjoining land. It sounds like one of the things easements exist for!


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## Vanilla (15 Feb 2008)

Or if not you'd have a common law easement of necessity so either way you'll be okay, though a written easement is somehow preferable to banks and buyers.


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## hardworker (15 Feb 2008)

thanks for the information, there is no lease on the septic tank ,also know mention on deeds but definetly was in field before it was sold, the same owner has owenership of the field since then, the owner of field is difficult to deal with and a permission easment would be out of the question. I will seek professional advice but just need more information so I know what im talking about, does anyone have more information about a easement of necessity ? may be VANILLA can explain , thanks


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## Vanilla (17 Feb 2008)

Pretty much does exactly what it says on the tin. You have this easement for over thirty years and you need it to service your house therefore an easement at common law is imputed. Your solicitor will explain. When purchasing the field the buyers should have been made aware of this by the seller in the purchase documentation regardless of whether there was a written easement on the deeds or not as there are specific questions in the purchase documentation asking the vendor whether any such unregistered easements exist. I would think that if you do need to do any service, repair or maintenance that you would simply give reasonable notice and if any damage caused to the land that you would reinstate.


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