Septic Tank/Boundary Issue

shapez

Hi Folks,

Before I need to pay solicitors and site assessment costs etc. I want to find out if someone here can help me in the right direction.

The scenario;

2 bed bungalow (built approx. 1978) with old septic tank system attached. My Granddad left me his house and left my uncle 3/4 acre on which the septic tank is located. He is threatening to disconnect the septic tank so he can put up his boundary to divide the 3/4 acre.

The house is located on a severe slope that contains a lot of rock. He insists that I pay for a sewage pump and PuraFlo system to be located behind the house on a slope to resolve the issue. However, I have not been given a 100% guarantee that the PuraFlo system will work in this location. With the water table so high as well, the percolation area will be an issue. In other words I'll have sewage flowing back down into the house!

I am wondering, what options do I have here, do I have right of way to the septic tank that has been there for over 30 years? Do I need to get a site assessment? Unfortunately, there is no way of trying to reason with my uncle as his methods of communication are only through his solicitor.

Help, advice and information much appreciated.

Thanks in advance.

muffler

shapez wrote: »

do I have right of way to the septic tank that has been there for over 30 years? .................Unfortunately, there is no way of trying to reason with my uncle as his methods of communication are only through his solicitor.

You have more or less answered your own question. You need to contact your solicitor to see if you have an easement in respect of the septic tank. Id be surprised if you hadn't but if it turned out you didnt then you need to be asking questions of the solicitor as to why this was not done when the arrangements were made to transfer this property to you.

Just to advise that we dont allow discussions on legal matters on the forum.

mickdw

Your uncle would appear to be chancing his arm. I dont know of any way that the dwelling could have been transferred to you without questions being asked about the septic tank unless you signed some sort of waiver - if everyone was doing their job at the time of transfer.

If he is planning to develop the 3/4 acres as a site, he has no chance of getting planning permission on what is effectivly the percolation area of a neighbour's septic tank. Just putting up a fence isn't going to cause any problems.

If he does want to develop the site, I'd suggest that he finances your replacement sewerage system.

Stig31

The fact that the tank has been there for 30 years will also stand to you. Check the original planning file at the council. Make sure the tank is located where it was shown for planning. If it is correct get a copy of this together with the maps submitted for planning. Bring this with you when going to solicitor. In situations such as this you may just have to go through the legal rout but if the above stacks up you should be ok

shapez

Many thanks for the replys.

@mickdw - There was no waiver signed at all in this regard. It would have been deemed 'right-of-way' access to the septic tank. It was disputed for years and he never achieved anything from it. My Mam contested it all and he left everything lie. Until sadly she passed away at Christmas from a battle with cancer and he decided to go after it again. Never enough for some people.

@dolanbaker - He insists it's a site, but if he read the small print in the will, it is a plot of 3/4 acre to do as he pleased. He could try turn it into a site. But, with the trouble he's caused over the years he'll never get planning.

I found this after a bit of searching and I think it'll seriously help me in the long run. Has anyone heard about it till now? http://www.mjoc.ie/home_nav_81.html

muffler

shapez wrote: »

I found this after a bit of searching and I think it'll seriously help me in the long run. Has anyone heard about it till now? http://www.mjoc.ie/home_nav_81.html

I referred to an easement in my post above and you really should talk to your solicitor about it.