Septic Tank on a 0.1 Acre Site...?

P

Poppet

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I have noticed a cottage for sale which is on a site of 0.1 acres.

Apparently the septic site is located in the field beside the house, though this field belongs to someone else.

Is it possible to place a septic on a site of 0.1 acres, or is it not permitted?

If not, what are the legal implications of having a septic tank on someone elses land? Could they decide in the future that they no longer wanted the tank on their land and force the septic tank owner to remove it leaving them with no septic tank?

Or would the owner of the septic tank always be permitted to keep the tank on the other persons land, since it is already in place?

Thanks..!!
 
0.1 acres is too small to fit a septic tank/treatment unit (and percolation area and well the required distance from the septic tank/treatment unit).

I believe in some cases you can get an easement to allow your septic tank be in your neighbour's property. If you haven't bought one, then easements would need 20 years to kick in. I would also be worried as an easement obtained in such a manner must be done openly.

Perhaps any lawyers here can clarify regarding septic tanks and easements.

If you have no easement, then yes, it can be removed.
 
Thanks Superman!

Can I ask what an easement is?

Someone on another forum was telling me that a percolation area must contain 100m of piping and that this could be done with 5 x 20 m pipes. Would this therefore maybe fit on a 0.1 acre site?

Is it correct that the septic tank must be placed 10m from the house and 3m from the boundary?
 
It all depends what type of septic tank you are talking about. The older concrete types need emptying on a regular basis. To keep it maintained you need good access for the job to get done, also I think maybe that is why the cottage is still there. No one will buy because there's not enough space for the tank and percolation area.If the septic tank is in the field next door does the cottage belong to them ? I wouldn't like the idea of that arrangement because you do need access at all times not just now and again. What about the newer type of tank which takes up less space. Someone with more knowledge of tanks is bound to come up with the answer. I think you had better forget about easements!! Fall out with your neighbour and an easement is of no use. See the other post here about someone wanting access to build an extension and neighbour wont let him on her property.
 
Swallows said:
If the septic tank is in the field next door does the cottage belong to them ?
Click to expand...
That's a good question, not sure if the owner of the cottage also owns the field in which the septic tank is located.

Apparently the cottage has mains water.

I suppose though just because it has mains water it doesn't necessarily mean there is mains sewerage nearby...?
 
Poppet, are you not familiar with the area where the cottage is located? You might find that yes, the cottage belongs to the person who owns that field and yes they will want you to pay more money to buy the part where the tank is located. They will sell you the house first and then look for more money because you will need the extra where the tank is .What do they need that bit for as it originally must have been with the house? What sort of a fence is between the house and field. Does it look as if it was all one piece and they just fenced it off to sell.You probably need to ask more questions of the person who is selling.I have come across this before where you buy one bit and then you get offered more ground. But beware. First establish who owns the field where the septic tank is.
 
No, I don't know the area terribly well.

That's a good point, thank you for that. If the person who owns the cottage also owns the field in which the tank is located then perhaps I could purchase the cottage but only on condition that the part of the field which contains the tank is also included...
 
It appears that this cottage is in a rural area and if it is I think its a bit offputting to have only 0.1 acre to accomodate the cottage - that is the same density as urban housing.

Despite what was posted earlier you will have legal access to the tank and any associated percolation area providing there is a wayleave in place. This would have to be checked by your solicitor at a very early stage.

You have little or no chance of putting a septic tank or package plant on 0.1 acre
 
Thanks for that

So it would have to have a wayleave and not an easement...

I could maybe check if the owner of the field beside the cottage is selling any of it, as I agree a 0.1 acre site is small for a rural area.
 
Poppet, A wayleave would give you access alright but not much use if there is an angry bull in the field!!
 
so is there any option at all (bio-tank etc) to allow one to build on such a small site?
 
On a 0.1-acre site, it's mains sewarage or nothing.

The auctioneer can indicate if there is a right of way established for the septic tank on the other land--not uncommon. But your solicitor will have to confirm.

J.
 
I've been able to find out that the seller of the cottage does not own the land on which the septic tank is located.

Though I have been informed by the auctioneer that there is a right of way to access the septic tank.

Is it ok as long as this right of way is in place?
 
You need legal advice on that
 
A lot of so called "rights of way" are informal only - very much of the Arra it will be fine brigade!

If you are interested in the property, ask for evidence now that there is a formal right of way. Probably, the best thing is to ask for that evidence to be sent to your solicitor before going any further.

mf
 
Thanks mf

So if there is a formal right of way which has been proven and verified by a solicitor, is it still possible that the owner of the land on which the septic tank is situated could in the future legally require the owner of the cottage/septic tank to remove the septic tank from his land?

What I mean is, even if there is a legal right of way to the septic tank whilst it is located in the other persons field, could they legally require it to be removed and therefore leaving the cottage without a septic tank?
 
So what is considered the smallest site that you can purchase and include a septic tank and normal house, say 1300 sq. ft.?

Also does anybody know what the rules are regarding the placement of the tank, minimum distance from boundries and house etc.
 
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