Tweet
I bought the middle of 3 cottages in 2021. They are served by a shared septic tank in my neighbour’s yard behind the garage.
I have an easement on the deeds of the house to use and share costs for this tank.
It is outdated and I have now discovered that it should have been replaced before I bought the house (as per Regulations)! My solicitor did not identify this.
We are in the process of discussing how to proceed. Initially it was assumed that the replacement system would be in the existing property. However, they are
refusing to dig their garden up.
i am being put under pressure to move the entire system onto my property. When I said this was not something I was willing to consider, my neighbours have said the following:
- the ONLY place they will consider a shared system is in the tiny yard behind their garage. This either means us all
moving out so the existing tank location can be used for the new system (not practically or financially feasible), or possibly (TBC) squeezing a new one in next to it.
- If they have a shared system on their property, they want the drainage to go over mine (to avoid digging up their property)
- that my easement is specific to the existing tank, so if we do not agree (ie I don’t do what they want), they will simply get their own new system which I won’t have an easement on, and I will be left high and dry with no sewage system.
i am looking into whether I can get an individual system, but land/drainage access is going to be an issue.
I feel quite troubled by this all, my 2 neighbours are family so it’s 4 of them against 1 of me. But legally, I think they’re right - they can refuse to replace the old system with a new shared one, can’t they?? They can just cut me off? So they’re using that (and the associated costs) to try and force me to move some/all of the system to my property.
Any advice gratefully received! Thank you
I have an easement on the deeds of the house to use and share costs for this tank.
It is outdated and I have now discovered that it should have been replaced before I bought the house (as per Regulations)! My solicitor did not identify this.
We are in the process of discussing how to proceed. Initially it was assumed that the replacement system would be in the existing property. However, they are
refusing to dig their garden up.
i am being put under pressure to move the entire system onto my property. When I said this was not something I was willing to consider, my neighbours have said the following:
- the ONLY place they will consider a shared system is in the tiny yard behind their garage. This either means us all
moving out so the existing tank location can be used for the new system (not practically or financially feasible), or possibly (TBC) squeezing a new one in next to it.
- If they have a shared system on their property, they want the drainage to go over mine (to avoid digging up their property)
- that my easement is specific to the existing tank, so if we do not agree (ie I don’t do what they want), they will simply get their own new system which I won’t have an easement on, and I will be left high and dry with no sewage system.
i am looking into whether I can get an individual system, but land/drainage access is going to be an issue.
I feel quite troubled by this all, my 2 neighbours are family so it’s 4 of them against 1 of me. But legally, I think they’re right - they can refuse to replace the old system with a new shared one, can’t they?? They can just cut me off? So they’re using that (and the associated costs) to try and force me to move some/all of the system to my property.
Any advice gratefully received! Thank you
Comment