Easement granted for septic tank drainage

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    Easement granted for septic tank drainage

    This is one for Jeffrey or Lawcruncher - our neighbours have their septic tank drainage on our land and it is permitted in the deeds that they can maintain, repair and renew as necessary for which we have no challenges. The system is leaking effluent onto our land but beyond the system that is outlined on the deeds.

    It appears, as we have only just had a proper look at the deeds that the permitted pipework exiting the septic tank is both not as specified on the deeds (open jointed pipe) and longer than detailed and connected into some of our own land drains. The lack of open jointed or perforated pipe means effluent is traveling down the pipe rather than percolating into the ground as it was designed (and outlined on the deeds) and is now emanating from the ground in our own pipework which consists of clay land drains only. The run off from the septic tank is down a slope.

    The users of the drainage system acknowledge that their effluent pipe should technically only be for a fixed distance, and it is in fact well over 25 m longer, and my question is (as this could develop into a neighbour dispute) can I insist, now that I know that what they have was not covered in the deeds in them putting it in a state that does comply.

    The original conveyance goes back over 30 yrs but it is only obvious now that the system was installed incorrectly, and they are trying to avoid liability.
    CFA

    #2
    Do any of the legal specialists have any thoughts on this?
    CFA

    Comment


      #3
      Not a specialist etc but have you asked them to do this and explained the situation to them? Why is it only obvious 30 years later I wonder?
      Unshackled by the chains of idle vanity, A modest manatee, that's me

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        #4
        We knew there was an easement - but as the lender has had no need for the deeds they have been locked away for years in safe custody at the bank.

        It was during a consultation with foul water coming out of the ground that the beneficiaries of the easement just happened to mention how long and what type the pipe should have been and it is neither close jointed pipe (they use percolating pipe nowadays) or the length mentioned in the easement, but quite a bit longer.

        It was as a result of this comment I pulled the deeds to have a look at them carefully and accurately measured the distances on a county aerial map.

        The foul water effectively comes out of the ground around our own land drains (because they have connect to them) way beyond the extent of the distance detailed in the easement and they are trying to avoid liability to put it right.
        CFA

        Comment


          #5
          My own solicitor is now on the case but if any of the specialists can respond here, it would be useful information for others and I will feedback the way forward as soon as I get it.

          I don't want a dispute with neighbours as they are generally very nice people and just looking for the most practical solution.
          CFA

          Comment


            #6
            I would like to know what happens and it would be great if you could let us know.
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              Hi .. does anyone know if an easement for emptying and repair of septic tank also encompasses replacement?
              thanks

              Comment


                #8
                Originally posted by The buggles View Post
                Hi .. does anyone know if an easement for emptying and repair of septic tank also encompasses replacement?
                thanks
                Seems reasonable that it would so encompass......

                Comment

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                  This is one for Jeffrey or Lawcruncher - our neighbours have their septic tank drainage on our land and it is permitted in the deeds that they can maintain, repair and renew as necessary for which we have no challenges. The system is leaking effluent onto our land but beyond the system that is outlined...
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