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Old 11-16-2010, 11:41 AM   #1
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Leaching Bed and septic tanks


I am looking into purchasing an old 1930's home, and have found the perfect one. The only problem is that the leaching bed for the property is on the neighbors property. They have refused us acces to it, and unfortunetly there are no legal documents stating that we can use it. Another issue, is that we might not have enough space on our own property to put a new leaching bed in. Legally, we must be 100feet away from our well for a standard leaching bed. Are there any other filter systems we can put in closer to the well, or that are smaller then a leaching bed? We are even ready to look into a ecoflo system, but is this a reliable system?
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Old 11-16-2010, 01:45 PM   #2
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Leaching Bed and septic tanks


In my area. health dept. dictates what you can & can't use for septic fields / tanks and the area for where it will be installed

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Old 11-16-2010, 05:50 PM   #3
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Leaching Bed and septic tanks


If the leach field has been there for a certain period of time, typically 20 years, you have the right to continue to use it (the leach field) and maintain it over the objections of your neighbor. This is a form of squatters rights. Contact an attorney to be sure. You can make an offer subject to the ability to access and maintain the leach field.
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Old 11-16-2010, 05:55 PM   #4
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Leaching Bed and septic tanks


If the leach field has been there for a certain period of time, typically 20 years, you have the right to continue to use it (the leach field) and maintain it over the objections of your neighbor. This is a form of squatters rights. Contact an attorney to be sure. You can make an offer subject to the ability to access and maintain the leach field.

The land surface remains the property of your neighbor, he can do what he wants provided the leach field is not damaged, and any structure he puts there is at his risk.
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Last edited by AllanJ; 11-16-2010 at 05:58 PM.
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Old 11-16-2010, 09:20 PM   #5
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Leaching Bed and septic tanks


I would not place ANY faith in the "squatter's rights" theory. The concept referred to is "prescriptive rights", which may be gained in different ways in different states, however THIS IS A LEGAL MATTER, and in no way should you assume that you have any rights whatsoever to use a septic field not on your property. Of course you need to consult an attorney regarding the issue. Personally, I would run away from the property rather than get involved in what sounds like serious septic trouble. there has got to be another property available without this sort of problem.
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Old 11-16-2010, 09:29 PM   #6
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Leaching Bed and septic tanks


Quote:
Originally Posted by Daniel Holzman View Post
I would not place ANY faith in the "squatter's rights" theory. The concept referred to is "prescriptive rights", which may be gained in different ways in different states, however THIS IS A LEGAL MATTER, and in no way should you assume that you have any rights whatsoever to use a septic field not on your property. Of course you need to consult an attorney regarding the issue. Personally, I would run away from the property rather than get involved in what sounds like serious septic trouble. there has got to be another property available without this sort of problem.
ditto, unless you really want this property and can actually find a solution prior to making an offer. That way, at least you will go in knowing it is going to cost as much to fix the septic system as you are paying for the house. Well, not quite that much but systems can be very expensive, if there is actually a fix.

One comment about the prescriptive rights; there is a reasonable possibility you would have those rights (but as Daniel Holzman stated, consult legal counsel). But anyway, your field is below ground and not disturbing the surface. Disturbing the surface would not be a use gained by prescription since the surface is not being used by you. So if it needed repair, you would have no right to access the system.
On top of that, there generally is not much in the line of repairing a failed system. Generally it is abandoned and you install a field in some other place.
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Old 11-16-2010, 09:57 PM   #7
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Leaching Bed and septic tanks


Agreed. Run, don't walk! Why buy someone else's headache?

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