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We purchased our home in 2017 from a man that owns the parcel next door as well. Our home and the next-door parcel were originally one parcel, but was divided a few years before we purchased. We didn't realize when we purchased our home that our septic tank and drain field are partially located on the next-door parcel. The parcel next door is 0.4 acres of buildable land with no current structure on it. The owner was aware but did not disclose the information to us before purchase. We figured it out last year when we needed the septic tank worked on. We went to a lawyer, who said that the owner effectively got away with it because we didn't catch it at the time of purchase. We have been advised to request a survey of the piece of land that has our equipment on it so that we can request an Easement. The next-door parcel is up for sale so we are wanting to protect our access to our septic tank and drain field before someone else buys the land. Does anyone have any advise? Thank you!
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This may prove difficult. How come the question was not asked and answered on your purchase? Your current lawyer probably has it right - but it was part of the job of the one who acted when you bought needs to explain why it was not caught.
He should be notified of a possible claim in negligence and instructed not to destroy the purvchase file.
I am not saying that you still have a good claim, but it needs checking.
Hasn't the septic tank been emptied since 2017? Was any access required?
This will come up on the neighbour's sale, and he will not be able to sell the land with this outstanding - it is in the clear best interests of each of you to settle and sort this. The cost to him of this remaining unresolved is likely to exceed the cost of sorting it. Talk to your solicitor and then to the neighbour.
Best of luck. -
We were not represented when we purchased the house - we bought it directly from him (we were young and didn't know better at the time..). We rented the house from him for 4 years before so we knew him well and trusted him... The septic tank hadn't been serviced by him for upwards of 15-20 years based on the root growth according to the septic guys. As far as I know, he is attempting to sell the adjoining land without disclosing that our equipment is on that side. Hopefully, the people who eventually purchase it will do their due diligence and figure it out themselves.Comment
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Not wise.
Talk to the neighbour about a deal which should suit you both.
Talk to his agent - it will have to be disclosed.Comment
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