Septic tank, percolation area and boundary

Plainjoe

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Hi, any help on this much appreciated.

We have recently agreed sale on a house where the septic tank is barely 3m from the rear boundary of the house. However the percolation for the tank would appear to extend significantly into the neighbouring land. The rear boundary has been extended by 3m but there is potential to extend it a further 7m. At the moment the seller and their engineer are saying there is no need to extend further as the 3m distance from the septic tank should suffice. However our engineer feels that this is inadequate and that the boundary should be back further due to the percolation area and if we ever want to extend or sell the property in the future that this could be an issue.

Can anyone please advise? Mostly wondering does the percolation area need to be 3m from the boundary as well as the septic tank, the EPA website seems to suggest this is the case. And if so would people proceed with the sale as is if the seller refuses to extend the boundary further or negotiate (which is the case at present).

Thanks for any help.
 
If the percolation area extends into someone else's property and there's no written permission for this, then i'd run a mile from the sale. I take it that the property is in a rural area and neighbours can be obliging, etc, ie, by word of mouth or similar, but septic tanks today give a MASSIVE amount of problems and believe me you don't want the cost or the trouble involved in trying to solve those issues
 
I think you need to explain how the boundary has been extended and how the seller can extend it again. I'm assuming that the seller of the house is also the owner of the land behind the rear boundary and it is farmland. I would follow the advice of your engineer, the seller and their engineer are not going to worry about issues you may have with inspections and selling on in the future. Pull out if the seller won't comply with regulations.

Was the issue of the percolation area not dealt with at the planning stage?
 
Hi Ilgon,

The house was built in the early 80s. It is in a rural area and although the land in question (i.e. the 10m of the rear boundary) does not belong to the seller it does belong to a family member who originally gave them the site to build the house we are buying. The family land behind the site is farmland. The original map that we have been supplied with for the site shows the full 10m extension to the rear boundary but the seller now wants to redraw this where they have repositioned the boundary, i.e. 3m from the septic tank. Am assuming the building of the septic tank predates current regulations in this area if built in the early 80s but not sure?

Does that help?
 
Give the seller one more chance to restore the full 10m of the boundary but be prepared for at least some bad feeling with your future neighbours if they agree. Otherwise do as advised and run, there is no positive to it I'm afraid.
 
Thanks redonion will have a look at that, that's what we're starting to think ilgon, ask for full boundary restoration or walk away, nothing to lose.
 
Dont be running anywhere - all you need to do is get your solicitor to apply for an easement - as the pipes are under the ground this should be not problem. I had a similar issue in 2013 when i bought my house. I just told the seller he need to apply for an easement from the land owner - all was sorted in 2-3 weeks.

An easement basically means - you have a right to enter the land in the vent of an issue with your pipes
 
Worth looking into but will the percolation area be in compliance with regulations if straddling the boundary of two properties. Your engineer should be able to advise.
 
- all you need to do is get your solicitor to apply for an easement -

That might be fine from your point of view. However when you go to sell, you will need to find a buyer who is happy with the easement, and not influenced by all those saying run
 
After 12 years you have a right of accesses - they are pips under the ground it not that big of a deal- the easement should say for the homeowner -
 
Thanks for the advice re easement Tosh, I will discuss that with the solicitor later on today and see what he says. Do have to consider issues on resale as well so will check that as far as possible, thanks for all the advice from everyone here as well, great to get the different perspectives, really appreciate it.
 
Hi guys, just wondering if anyone can advise.
My mother has a house,over 40 years septic tank on neighbour land, but she has a registered easement in her favour to maintain the tank.
Land owner is refusing her permission to enter saying she has to abide by a list of conditions he sent to her lawyer.
Is he allowed to put all these conditions on it
 
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