Neighbouring Septic Tank Issue flow into our new site

Cork selfbuild

Hi there. So, we are in the process of buying a site, for reference it is 1.25 Acres, we have deposit paid subject to all the usual clauses...

We have 2 issues,

1. The boundary on one edge is unclear due to the neighbour clearing the ditch to build a wall, fell on hard times, no money, no wall... However where they are claiming the boundary line lies, they have put in a wire fence, it is on one half pushed into our site by 1 meter, so meeting the neighbour today to discuss and move after engineers completed two reports, so hopefully we can get that agreed without much fuss... - this one I'm confident will be resolved easily.

2. However the second issue we found in one of the corners of our site there arrears to be a drain from the neighbours land running into a dike that runs along one of our boundary line fronting the road, when we pushed back some brambles to get into the true corner for measurement we could see clearer there is stagnant water appearing in the dike from the neighbours garden, there is a concrete slab that was almost covered over with grass and then a pile of rocks at the edge of their boundary and the apparent drain into our dike...

From asking around (we know the locals) apparently a DIY job was done before and a different septic tank was installed, and apparently a soak away / pipe dug in the direction of our site, apparently if we remove the slab there may even be a pipe there....

So, based on all that I went and got water samples tested by a lab, these was what they said along with the results, just came through 15min ago, we were hoping is was just a simple flow off the land and nothing to worry about but always erring on the side of caution...
1. Drinking water should be 0 parts ecoli per 100ml water
2. Above 7 is definitely undrinkable
3. Above 50 is unacceptable for drainage flow
4. Our sample (we took 2) both were 50,000+ parts per 100ml

So no questions There really, we checked while the tests were being run, there was no slurry ever spread in this field... Well in the last 3-5 years.

So my questions are,
1. Will this affect my planning if the county engineers visit the site? Ie must this be 100% resolved before we would be allowed proceed?
2. What recourse path do I follow to get this fixed? solicitor letter, council etc? I'm going to ring the vendor soon also, as since it's his land he needs to get it fixed really...
3. What would be the solution? The land is quiet "clayey" so drainage is slow.
4. I was due to meet the neighbour re boundary this afternoon, would you raise the water issue or leave that to vendor?

Just to clarify, there is absolutely no way we will proceed until it is fixed...

The main thing is we don't want a lengthy delay and would hope to proceed with planning application in the next 2 weeks but will not finalise sale if the issue is not fixed...

Thanks! :mad:

hexosan

I dont mean to scare monger but
First off never assume you can easily resolve a dispute over a boundary issue. I've seen these drag on for years with a fortune spent on solicitors & engineers for reports.

Secondly it would appear that you neighbour is directly piping the run off from his septic tank into that drain.

I'd say your been extremely hopeful/naive that this can all be resolved in two weeks personally I think your looking at 4months + if on longer.

Aard

Those sound like two very serious issues OP. You mentioned that the neighbour didn't have the money to erect a wall -- he likely doesn't have the money to resolve his septic tank problems either. Apart from it dragging out a very long time (even four months would be ambitious imo) you are not going to be on very good terms with your new neighbour. The boundary issue alone is contentious enough. Be prepared for a lot of hassle.

Cork selfbuild

Hi Hexosan,

We already have had discussions re boundary with neighbour and its all been spot on so far with no real issues, there is just the last corner to agree - naive, not so much, but hoping for an amicable resolution, will know my answer to that thus evening...

Its the septic flow is the bigger issue right now, and what to do and how to go about it really is my questions and could we still proceed with planning while its being resolved, as im just not sure... what makes it harder is the neighbour is on very hard times with very little funds apparently which means If big works required, then I cant see there being money to complete...

Cork selfbuild

After informing the Vendor, he went and investigated and he said it appears that they dug a soak-away which is mostly on his land / our site, which he is not a happy camper about!

The more this progresses the worse its looking

We are having a meeting in the next few days to discuss, but in advance any advice would be appreciated....

I've a feeling this is going to head the painfully slow legal route at this stage, but from an enforcement point of view, who would be the body to get in contact for correction of the botch job they did, would it be Co-Co / EPA / ???

Sorry about all the questions, I'm just feeling in the dark and would like to get pointed in the right direction before the meeting to have an idea of the steps involved etc.