Selling house but well and septic tank are on my sisters land who is uncooperative.

tullahought

Registered User
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11
I have a 3-bed detached house in a small village, it was let out until last week.

My husband and I have decided to sell it, however we have a problem in that the well for the water and the septic tank are on my sister's land.

About 15 years ago we bought the farm together, me the house and her the land. We haven't had a falling out about this yet but it is looming.

She doesn't want anyone who isn't related to her living so close and she has told me that "she will make it very difficult for me to sell".

Any clue as to what my rights are or how she can make it difficult?
 
Is there enough room around the house to get your own well & septic tank? And, not being flippant at all, but have you asked her if she wants to buy it?
 
Ive expanded the title to better reflect the question.

Can you approach your sister and seek to purchase the site of the well and septic tank and ground containing any service pipes?
 
I know she would buy the place if she had any money, which she really doesn't at the moment.

We had it let out as very short of cash at the moment but unfortunately we had some problems with the tenants.

I couldn't afford to even give her a tenner for the site of the services much less move them. Thank you for the valid suggestions however.

Really I'm wondering if she can obstruct the sale of the house?

I'm sure no one in their right mind would buy a place that had a disagreement of this sort hanging over it notwithstanding it won't be easy to sell in any case as it is so rural.

I've considered offering her a portion of the money from the sale to compensate her for signing over land containing tank and well - both very near to the boundary.
 
Did you get a written easement or grant of rights for the septic tank/well registered over her title when you bought? This is the important point.

If you did not then you now need to seek immediate legal advice about this aspect from the solicitor who will handle the sale for you.
 
No - nothing like that was agreed or even discussed at the time. I think I will seek legal advice. Many thanks for your feedback