Neighbor's new septic over prop line

[dmccarty]

- Down the road, the system will reach the end of its life span. When it fails, you may have contamination on your property.
- Your well also may have a lifespan. Where will your new well go? It can't go anywhere yor neighbor's septic. He's limiting your options.

Even with the mound "moved" to comply with setbacks, the septic system may still control what can happen on SeatTime's land. In NC a well has to be 100 feet from any part of the septic system. The setbacks are 10 feet from the property line. One of my neighbors has a septic field at 10 feet from the property line so he has prevented a well from being placed on my land within 90 feet of the line. This could be a big deal but its not in this case. Course if I had put a well 10 feet off that line I would have controled 90 feet into his land. And in this case it would have mattered since he could not have put in a septic field...

In NC who gets there first wins.

Later,
Dan

 

[JimR]

That makes you wonder why they only have a 10 foot setback on a septic system. They should make it 50 feet.

 

[dmccarty]

That makes you wonder why they only have a 10 foot setback on a septic system. They should make it 50 feet.

I think its 10 feet because it works for the most part. If the set back was 50 feet my neighbor would not have a septic system and thus a house. And this is on a 5+ acre lot. Our septic field runs across the lot with a gap between it and the property line that is about 20-30 feet. Just wide enough to put in the driveway. If there was a 50 foot setback we would not have a septic field or it would be a much more expensive one.

The rule I hear the county is thinking of changing is that the 100 feet from the well to a termite treated structure. This one I don't get at all. I have seen some older homes that have the well right next to the house. My parents house in FLA has the well with in 10 feet of the house. This 100 foot rule is wacky...

Later,
Dan

 

[guyrj33]

I think you need to have the local health dept. inspect and sign off on your neighbors new system. Changing the slope of the mound, means it is no longer in spec.
With the new septic not conforming to setbacks the value of your land has been reduced, maybe dramaticaly, no way to tell usless you were to sell.
I suggest you have the leach field moved.

 

[HappyCPE]

Regarding the placement of the septic so close to the property line, this is something I don't understand. I know an excellent designer and he almost always puts the septic in the center of the property [geology permitting] and he has no interest in how the mound looks or how the current use of the land can be infringed upon.

If you think about it, having the septic where it is puts a restriction on the neighboring property. It's like having an easement that you didn't get paid for.

 

[dholly]

So after soliciting a whole lot of advice running to the contrary, this may go the way of let bygones be bygones as if it is a 'favor' to the neighbor? What favor? If the neighbor was in town when the work was done, he is complicit. If the work was completed in his absence and he indeed confirmed the boundary, minimum setbacks and location with the contractor prior, it is clearly contractor error and no skin off his shin to have it corrected. I should think the neighbor, in HIS efforts to maintain good relations, would be going out of his way to have it corrected ASAP. I know I would. I also know if MY neighbor didn't attempt to make it right... well, let's just say, I would be suspicious he knew what was happening all along and just keeping his fingers crossed I would let it slide. Who knows what possible future problems that buys. I do know nobody appreciates being taken advantage of and you can bet I'd be unwilling to do him any 'favors' now or in the future. Assuming the neighbor's total ignorance, I can appreciate not wanting to rock the boat but the only party making out like a favor bandit here is the contractor.

 

[dmccarty]

Happy,

It is like an easement in a way. But like I said if there was a 50 foot setback these lots would not be buildable or it would take $30,000 and lots of permits. The one neighbor whose field is 10 feet off my land has the last good geology for 30 acres. We have rock and clay here and finding buildable sites often requires at least 5 acres and I know of subdivisions that had to have 10 acre lots to get septic systems. A 50 foot setback just won't work. I doubt my house could have been built with that kind of a setback. The houses to our front are on roughly 2 acre lots and would not be buildable with todays rules. Add a 50 foot setback and they would not have been buildable in the 70's, they would have had to double the lots sizes and even then I doubt they would be accecptable.

The house who has the field next to the line has been a problem for us since day one. I paid for a survey because the twit who was building the house pulled down all of the suvey, timber, and engineer flagging showing where his septic field was located as well as his property line. They where most surprised when the the surveyor flaggng showed them the line. Their septic field would have been on my land.

The latest owner down there just build a big kennel. On the FRONT of this lot. Why not the back like most normal people.... Anyway his fence posts where on my land. I caught it before the rest of the fence went up and they moved it but only after making comments.

That survey was some of the best money I ever spent. I'll have to have it redone since I did not have time to keep the line cleared. I have been clearing property lines all year with the DR Mower. I clear and then paint the trees with a band of orange paint plus put in a T post every survey marker. Then I post it. The plan is to put in a fence but that will take time and money. We almost bought a post driver this year. I was concerned that the driver would not handle our rock. The contractor that put in the kennel fence use a driver and the kennel is built on the rockest ground around here so I know I can do the same. Course why did the guy build a kennel on rocky ground......

Later,
Dan

 

[MikePA]

Dan, what you posted is exactly why I recommended getting the survey verified, a plot plan created and showing it to the county/township. I would not let by-gones be by-gones.

Seat_Time, you asked, "Unless someone can give a solid argument as to why I don't even want the slope's "toe" on the line...". Answer - Is the 'toe' on the property line or the set back line? What happens when there are problems and someone has to dig up what's already been done? Then it'll be more than just the slope that's on the line. There will be debris over the line. Why don't you want to check with a surveyor and at a minimum determine what the set back line is and know if this guy has an improperly installed septic system? But, stating the obvious, , it's your property and your decision. None of us will live with the consequences of our free advice.

 

[dmccarty]

I caught it before the rest of the fence went up and they moved it but only after making comments.

That was a badly worded sentence. I talked to the neighbor and kept it polite. Which was hard since I had the flu and he is not a very friendly guy.

He raises dogs. A couple of times the dogs have been loose and have run over to me to say hello when I was at my gate which as fine. Just dogs being dogs. He walked up to me both times, within arm reach since his dog was at my feet jumping on my leg, picked up the dog and walked away. Not a word of hello, sorry, good day. Nothing. He does this sort of stuff all of the time.

Anyway, the day I talked to him, I kept it friendly. He made some comments I ignored with great difficulty. I showed him the corner pipe, a compass to show roughly the line, and thankfully we found a survey pipe that I had put in along the line. Not much he could say at that point about his fence line. But of course he did. I just walked off and let him figure out what he needed to do. The contractor was mouthing off that someone was going to pay for the change... I checked later and the fence looked like it was on his land.

Course most people would have known where the line was in the first place. And then be thankful I told him before he really spent some money. As it was they only had to move a 6 or so posts.

Happy,
I would think you could find the county/state rules online to check the setbacks. Course you could just call and ask. Most likely faster. And if you think he crossed your line now or the mound will slide over your line or he is over the setback I think you have to do something. If you have to do something its then a question of do you pay for the survey or should he? In my case I just paid for it myself. I had other work for the surveyors to do anyway but that line cost about $400. And since I did not have time to keep it cleared and marked like I knew I should I'll pay for it again. But not a third time. My neighbor should share the cost but given his personality its just easier to save up the money than dealing with him...

Later,
Dan

 

[Seat_Time]

Hi All,

Well, I guess the door isn't shut on this yet. While I did indeed talk/confront the neighbor yesterday, and while he is making his own best efforts to remedy the slope over the line, I'm still not sure exactly if there is any foul. In my orginal "anonymous" call to the health dept, the girl told me that the setback was 10 feet from the "toe". Since then, I talked to another health dept guy, went on record with him as to my name, block and lot#, etc. and said the septic appeared over the line. He allowed as how the "toe" may not be the determining point for set back...this guy was not convincing...and either way, he'd call me back (yesterday, but didn't happen). My neighbor believes the set back begins from the top of the slope and he is chopping away at the slope to get it to stop at the property line. So, back to the health dept for clarification (today) and I get sent to voice mail. Me thinks he's avoiding me. So, Google search and bingo...up pops "New Jersey Administrative Code 7:9A" in all its glory with setback requirements (still vague to me), slope requirements (3 to 1 or less), top soil 12" to 18" at center and 6" to 12" at edges covering top and slope then seeded, etc. No doubt the contractor didn't dress out and grade according to code; still some doubt as to set back. The whole shebango was signed off by the township already...which my neighbor made very clear. I do understand that things aren't right, and I do very much appreciate all the advice and time you good people have put forth. I just don't know how ten feet of set back is going to give me any meaningful benefit. I think the rub is that the set back requirements don't do jack. Who was it who said earlier that the advantage goes to whomever gets to the property line first: it appears they force the other side into a unfair position on their propety. I am doing some more homework on this...I will keep this alive a bit longer. At the very least, I'd like to have the health department clarify the set back and my future potential liabilities and/or deprivations. Maybe this is what a lawyer should tell me...I hate that I even wrote that.