Septic Field Question

[Jastak]

Hello,

I recently purchase a vacant lot in the thumb area of Michigan. I recently found out that the home next door is using a septic field that is located on my new lot. Neither the home owner or I were made aware of this when each of us purchase our properties from the same owner. My question is that when I ask the home owner to disconnect, will I need to excavate the septic field, or can I just let it dry up and leave it? Also, the field is in a location of where I would put a driveway when I build. Do I need to be concerned about that?

Thank you.

 

[Junkman]

I think that you need to talk to an attorney and find out the legal ramifications involved. You also might want to put the real estate broker and the title insurance company on notice, assuming that you have both. The neighbor might not be so inclined to just walking away from the field and bearing the cost of another site. I wouldn't do anything as far as building on this site until these problems are resolved. I would also see what recourse there is against the seller for non disclosure. Out of curiosity, how did you learn about this "error"??? Just remember that if this erupts into a legal battle, there are no winners except for the lawyers. They get paid no matter who wins. Is the neighbors lot large enough to accommodate a new field? Is your lot large enough to accommodate a complete system if his stays? Look for some middle ground that you both can live with comfortably, because if you don't, it will get expensive quickly. How long have you owned the property???

 

[BB_TX]

Junkman is right on. You need to find out everything you can before you proceed. You don't say how large the lots are. They may not be large enough by code to allow 2 separate septic systems. That would prevent you from even building on the lot. Find out all the limitations first and then see what all options you have. As much as I hate our litigation system, you may be forced to hire a lawyer to pursue a rightful settlement.

 

[MarkLeininger]

We bought a house with a fence that didn't honor the property line and was on the neighbor's property for a few hundred feet. Every few years they give us a paper to sign that the lawyer drew up saying that we know our fence is on their property. That gives them the right to tear it down anytime they want and we have no rights to their property. We're both happy right now because we both want a fence. I would think about something similar. The septic field isn't hurting anything as long as it doesn't violate any health laws or keep you from building your field where you want it.

 

[kensfarm]

I would think that the county/city branch in charge of zoning.. wouldn't have let the previous owner parcel the land into two lots w/ the septic set up that way.. unless the parcels were already zoned that way before the septic was put in. You should be able to call and find out when the land was parceled.

Is city water/sewer connections available.. the neighbor will end up having to spend some $.. you might be able to legally get the previous owner to pay for everything.. I think it would come under the "full disclosure" law.

 

[dmccarty]

Jastak,

Do what Junkman and BB said. Also get down to the county and see if you can find the septic permits. In my county I have to get a permit to put in a septic system. Part of the process is to have a drawing of the lot lines as well as the location of the house, septic field, septic tank, well, buildings, etc. If your area has something like this in writing it could really help you out.

Good Luck,
Dan

 

[plumboy]

Did your neighbor buy an empty lot like you did and build on it?If so its his problem,or the builder that built it.You need to have the dirt dug up,hauled off,replaced and packed in before you build on it.If the lots are not big enough for a field that should have been addressed before anything was built.

 

[RICHARDG]

Your neighbor was wrong to build something on somebody elses property,,,kinda like the fence,,,I would find out where the line crossed your property line at,,dig down to it,,and after asking him to quit using and diconnect in a way that you can see he done it,,than I would dig down to it and plug it,,if its on your property,it belongs to you.,,I would dig down to it and plug it regardless of what he said he would do,if he plugs it on his side,,he can unplug it,,let him get the lawyer if he wants,,he ain't got a case,unless hes got it in writing somewheres,that he got rights to do this. As far as digging up field and hauling off stuff,I wouldn't,,after its plugged,no more comes in,,if the tank is on your property as well,you should get somebody to pump it dry and clean it out,,maybe you could use it later,,or when you build,,haul what you dig up than...thingy

 

[JayC]

Not sure of what septic advice to give. Everyone else pretty much covered it. Nevertheless, welcome to TBN. /forums/images/graemlins/cool.gif Where in the Thumb did you get a property?

 

[tracdoc]

I certainly agree with all that has been offered so far, particularly Junkman and kensfarm. On the matter of disclosure by the seller of both parcels vs. error in placement of the septic system by your new neighbor, it seems that it will all boil down to the timeline, and you can save yourself some $ by doing some of the homework (ugh!) yourself, like when land was divided, when were septic permits issued, to whom, etc. I would think you can get a pretty good idea of who knew what and who did what from what is available as a matter of public record.

Good luck, and keep us posted...