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Recently I bought a property, adjacent to some farmland where our septic tank resides. The property has the benefit of rights granted by a Conveyance going back to 1971 in respect of rights to drain into a septic tank in adjoining land.
Upon moving into the property, amongst the title deeds I discovered a letter from a firm of solicitors dated 19th of December 2006. (Attached)
The solicitors issued a warning to the new owner and mentioned this may be an issue when she comes to sell the property.
I have not raised this issue with the seller as the seller is related to the land owner, the land owner did at one stage say that since the property was now being sold out of the family, she wanted the septic tank moved back to within the boundaries of the property. The seller pointed out that there was a Right granted by way of Conveyance, at which stage the land owner accepted this point and the matter was closed.
At present, I am at a loss to decide what to do:
1 - Should I keep quiet and hope it never comes up?
2 - Do I raise the matter legally, in which case I could end up having to move the septic tank?
3 - What legal repercussions exist against:
a) My solictor - should this have been picked up?
b) The seller
I bet this scenario doesn't pop up very often.
Upon moving into the property, amongst the title deeds I discovered a letter from a firm of solicitors dated 19th of December 2006. (Attached)
The solicitors issued a warning to the new owner and mentioned this may be an issue when she comes to sell the property.
I have not raised this issue with the seller as the seller is related to the land owner, the land owner did at one stage say that since the property was now being sold out of the family, she wanted the septic tank moved back to within the boundaries of the property. The seller pointed out that there was a Right granted by way of Conveyance, at which stage the land owner accepted this point and the matter was closed.
At present, I am at a loss to decide what to do:
1 - Should I keep quiet and hope it never comes up?
2 - Do I raise the matter legally, in which case I could end up having to move the septic tank?
3 - What legal repercussions exist against:
a) My solictor - should this have been picked up?
b) The seller
I bet this scenario doesn't pop up very often.
Attached Files
