Sorry in advance for the length of the post. All a bit of a mess at the moment so would like some advice.
We purchased house from joint family members , who had split his land and built our house on it. Was close family, and although we have now learned from our mistakes, we used same solicitor and architect was also family-in-law.
When we bought, the solicitor picked up that the sewage system was supposed to be puraflo with a percolation area in the back. We were told by family mbr the septic tank we had was an older one but was fine and as long as we upgraded to a puraflo in the future there would be no issues, so we agreed to this and went ahead with sale.
4 years later we are getting married in the summer so because we still have no garden or driveway I asked other half to look into sorting out the septic tank before we put the driveway down.
So after getting the architect out again to look at the place we are in the following situation:
On the planning permission – the septic tank was at back of house where it is now, the percolation area is on the land above it (the garden is on two levels). At present we cannot put percolation there as its where the water well is. After comparing the plans to the land we bought, the garden in the plans is double the length of what we actually own. The water well was supposed to be at the very back.
Basically the family member had a field and we own a corner of it but on the plans that he got permission for it goes the length of the field. This means that our water and sewage system will prob not work in the back garden.
The problem is that the family member has given this end part of the field (prob 1/3rd acre) to the farmer behind us who had given us a couple of feet at the side of the house when they built it. As far as I know no paperwork in land ownership has been transferred but the farmer has moved his fence etc so we have no access to it. If we could get the land we could move the well and put everything else where its supposed to be as I don’t want my children to be burdened by all this when it comes time to pass it on to them. I seriously doubt the family member will ask for this land back from the farmer (even though technically its not the farmers) and on the slim chance that the farmer agreed to give it back we couldn’t afford to buy it ourselves unless we cancelled the wedding.
We haven’t spoken to the family member about this yet as we want to be fully informed first.
Anyone know if there is anything I can do as I can not see a way out of this. The architect measured the front garden and said puraflo could go out there but it still wouldn’t comply, actually we then saw that it specified some envirocare system not puraflo like we were told.
If we cant get the land back what would be next step, apply for permission for a puraflo out the front? And if we were denied this are we in an unfixable situation?
We purchased house from joint family members , who had split his land and built our house on it. Was close family, and although we have now learned from our mistakes, we used same solicitor and architect was also family-in-law.
When we bought, the solicitor picked up that the sewage system was supposed to be puraflo with a percolation area in the back. We were told by family mbr the septic tank we had was an older one but was fine and as long as we upgraded to a puraflo in the future there would be no issues, so we agreed to this and went ahead with sale.
4 years later we are getting married in the summer so because we still have no garden or driveway I asked other half to look into sorting out the septic tank before we put the driveway down.
So after getting the architect out again to look at the place we are in the following situation:
On the planning permission – the septic tank was at back of house where it is now, the percolation area is on the land above it (the garden is on two levels). At present we cannot put percolation there as its where the water well is. After comparing the plans to the land we bought, the garden in the plans is double the length of what we actually own. The water well was supposed to be at the very back.
Basically the family member had a field and we own a corner of it but on the plans that he got permission for it goes the length of the field. This means that our water and sewage system will prob not work in the back garden.
The problem is that the family member has given this end part of the field (prob 1/3rd acre) to the farmer behind us who had given us a couple of feet at the side of the house when they built it. As far as I know no paperwork in land ownership has been transferred but the farmer has moved his fence etc so we have no access to it. If we could get the land we could move the well and put everything else where its supposed to be as I don’t want my children to be burdened by all this when it comes time to pass it on to them. I seriously doubt the family member will ask for this land back from the farmer (even though technically its not the farmers) and on the slim chance that the farmer agreed to give it back we couldn’t afford to buy it ourselves unless we cancelled the wedding.
We haven’t spoken to the family member about this yet as we want to be fully informed first.
Anyone know if there is anything I can do as I can not see a way out of this. The architect measured the front garden and said puraflo could go out there but it still wouldn’t comply, actually we then saw that it specified some envirocare system not puraflo like we were told.
If we cant get the land back what would be next step, apply for permission for a puraflo out the front? And if we were denied this are we in an unfixable situation?