The land isnt big enough. Its a pretty small garden.That’s why it’s coming in at a good price.
As an alternative, you could establish whether you could build an alternative septic tank on the grounds of the existing dwelling and the neighbour need not be worried about granting rights of way.
Otherwise, as @noproblem says, run.
You’re always free to back out, unless contracts are signed and exchanged. You’re free to talk to the neighbour at any time.The land isnt big enough. Its a pretty small garden.
We live a good bit away so we have no way of meeting up with this man at the moment. Unless we go sale agreed, take house off market so long as we get to speak to the owner of neighbouring land and if he isnt very nice about it we can just back out of it …cant we?!
If the house is now derelict the continuous use would be difficult to establish now and to formalise to include a transfer as part of the sales contract.Edit: for the sake of completeness, it’s likely that the existing owner would have acquired a legal right of way over time, though never formalised it.
As the house is derelict, you will need to apply for planning permission to bring it back into use. This will mean the building and treatment system will have to be brought into compliance with the current regulations. Given the other land owner isn't happy to continue the arrange with the previous owners, it's likely they would object to any planning that would affect their lands.Myself and husband are looking at buying a rural derelict house. It ticks a lot of boxes and is coming in at good price however there is an issue. The septic tank is on neighboring land and apparently the farmer who owns the land has refused to sign right of way in order to access the tank to service and/or upgrade.
Fair point. That said, its existence without objection from the neighbour would likely count for something.If the house is now derelict the continuous use would be difficult to establish now and to formalise to include a transfer as part of the sales contract.
The neighbour could simply say they agreed to let the former owners use it for a time, but did not consent to permanent access or a transfer. Without anything in writing...Fair point. That said, its existence without objection from the neighbour would likely count for something.
No, your first step should be to get legal and planning advice.I know we should ‘run’. But we just want to know what we should do if we decide to go ahead.
So first off - try meet with the owner of the land.
You will have to take legal and planning advice and then will have to decide whether you want to proceed with the purchase of the property in the knowledge that you would have to instruct Solicitors to institute proceedings against your neighbour for an order granting a right of way etc. (Per @T McGibney above, seek legal and planning advice first).If he refuses then what is next?
If he refuses there is nothing you can do. Bringing the system up to modern standards is likely going to require significant works including excavation of what's there. You can't force that on someone else's property.I know we should ‘run’. But we just want to know what we should do if we decide to go ahead.
So first off - try meet with the owner of the land.
If he refuses then what is next?
Thankfully no, there are strict requirements in place to protect our water sources. The site linked above will explain it all.On a slightly other note, are cesspits still allowed in Ireland? As we plan on only using this as a weekend getaway we thought maybe this would be an option if we cant get access to the septic tank..
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