septic tank on my land but not mine , can i move it ?

S

SCDEVON

Guest
i have just bought a plot of ground with outline planning for 5 bunglows , 2 can be sold on the open market and 3 are to be affordable units.

the problem is theres a septic tank on the site where a bunglow needs to be built and the owner has a right of way to the tank accross my land.

i have asked if we can move this to a better location and offered £1k compo but im ignored. i also offered to connect them to the main sewer for free. again ignored.

they did object to the site at planning and im not sure what to do next legally ????????????

Ken
 
Ken,

Are you writing from outside of Ireland ? If so the law may or may not be different.
 
You're stuffed.

You bought the property with the problem. If the problem cannot be fixed ( and I suspect it could be fixed if you offered a great deal more money) you are stuck with it.

You should not have bought the property unless the Vendor addressed and dealt with the problem in advance.

mf
 
Vanilla said:
Ah, thanks, was wracking my brain to remember just that legal term until saw this post...;)
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Actually s/he's not stuffed. S/he's buggered. There's a subtle but important legal difference ;).

The person has an easement over the property, and you are not going to be able to do anything about it without the agreement of the person that has the benefit of it (offer more cash)
 
Hi

I am wondering why was the septic tank put there in the first place, were both properties once owned by the same owner of close relatives, or was the problem with the soakage in the adjoining property, if there was a problem, it will still exist, however I do acknowledge you mentioned there is a sewer, you asked what you can legally do, i do consider you need to go to a solictor , and dont be suprised if you are told you cant do anything, except offer a good sum of money. Another thought comes into my mind do you have a problem when/if this septic tank was to clog up and cause polution, the problem would be on your property,

I would suggest you meet up with a solictor,

regards,

Ps supriced this was not pointed out to you when you purchased the property.
 
yes the gound was as a whole in 1850ish and it was split around 20years ago. the tank is on my land and the house next door.

i did see on google the land owner has a right to move the tank to another location if this causes problems ie building on a new site. but ive lost the page since reading it one night ( no not after going to the pub).

this was pointed out before i bought the site , but the price was so low its worth the risk as they currently have there house on the market also to move out of the uk.

and i can still build on the site fine but i would need to change the drawings slightly occuring more planning etc costs , so its not a total waste as it only effects one plot and at worst would mean instead of 2x detached houses they would be 2x semi.

Ken
 
this is the page i found , on boundry-disputes

An easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement. The owner of the dominant tenement should not forget that the owner of the servient tenement has a right to the peaceful enjoyment of his land and the legitimate development of his land, and the performance of the easement should not interfere with the servient owner's peace nor prevent him from exercising his right to develop his land (provided that the development caters for the easement).​
 
You are extremely fortunate they are selling. Buy their house and you have the problem solved. Unfortunately though they will probably know it is you who is buying as you offered to give them 1K and the price may rise.
 
SCDEVON said:
this was pointed out before i bought the site , but the price was so low its worth the risk as they currently have there house on the market also to move out of the uk.
Click to expand...

If you're in the UK, the opinions you will get here are probably irrelevant as this is an Irish site.
 
You should get in touch with a gentleman called Noel O'Gara (google him). He has plently of experience of buying contentious property on the cheap and turning it around.
 
The OP wrote "they currently have there house on the market also to move out of the uk." AFTER you made that point.
 
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