Septic Field Question

[SPIKER]

I would thinnnk that there needs to be a survey, BEFORE going after this guy to PROOVE where everything is, if it is just a few feet off then I would not think it would be worth worrying about. remember you will have to live next to thisneibor. probably not his fault, unless he had it built there, and only if HE dirrected the septic contractor to "build it over there"

anyhow I would thinnnk going after the seller and realestate agent for failure to disclose would be easiest, and best way to get it done, remember the agent has to have a bond/insurance someplace! it is much easier to make a claim aginst them then actually GET soemthign form the old owner... but must include BOTH in law suit, as well as possably the builder/ contractor who installed the septic.

Mark M

 

[Junkman]

I know that this topic can erupt into a heated debate, but I think that you have posted a reply to the wrong thread. OOooooooopppppppppppppssssssssss /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif /forums/images/graemlins/blush.gif I believe that this is the post that you want to be replying to....... /forums/images/graemlins/crazy.gif /forums/images/graemlins/crazy.gif

 

[MicroPilot]

Uhhh, HUH?

I think you are confused about which thread is which. Why would anyone need a survey for a wood burning boiler?



/forums/images/graemlins/wink.gif

 

[Junkman]

Nope.... I am almost positive that I read his reply as to being about the heat. I may be loosing it, but look at the time line and decide for yourself if he is either a very fast composer and typist , or he fixed it... Here is the time line..... either way, it doesn't really matter to me.... /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Re: Converting to wood heat....getting cold feet.. [Re: Varmintmist] #490531 - 09/02/04 10:30 PM

Re: Septic Field Question [Re: tracdoc] #490530 - 09/02/04 10:29 PM

 

[RICHARDG]

Yeah,there are all kinds of laws about property in different places,but ....Assuming,,he knows the property lines,,than the guy just put his syptic system on somebody elses property,his fault,,,he can't blame it on the contractor who put it in,,septic tank contractors don't hire a survey team to survey before they dig,,they assume the guy who hired them knows what land he owns.That property is useless with somebody elses septic tank and leach field under it,,,so if he don't want to stop using it,and you don't want to plug it up,,,[what I would do],than he has got to buy property,and the price has just gone up. thingy

 

[SCB]

I would check the title thoroughly first. If there is no easement for the adjoining property to use your property for a septic feild, I would dig a large hole to plant a tree and accidentally bust his piping and then plug it up.

 

[RICHARDG]

SCB,my idea exactlly,,warn the man first, and than do it,,was wondering,,if the hole thing,,septic tank,leach fields,was on his property or not,,,those leach fields are made using preforated pipe,,you could stop it at property line,,might just mean that he has to pump out his tank more often,depending on what all is on the guys property,,,one other thing,if the septic tank is on your property,don't run anything real heavy over it,might fall in hole,,best to just pump it out,clean it,and fill it up with dirt or dig the whole thing out. thingy

 

[Junkman]

What ever happened to being neighborly and discussing the problem without taking action until you know exactly how the mistake happened. I see no need to go to the extent proposed until there is a impasse in the situation. Sure he owns the property, but destroying the septic system can and will put the other owner in violation of the law. Also, anything that he does to disable the system can possibly cause him legal problems. The best thing in any dispute is to be able to come into court with clean hands. If you start to destroy the system, the judge might not look too kindly on your actions. I don't see this situation as a problem yet. We have yet to hear back from the original poster as to the rest of the details. Destroying the mans system without any notice or legal authority, might cause this to escalate into a violent situation. Remember, he has to live next door to this person and it would be best to do thing amicably, rather than hostilly. Sure is nice when you can get along with your neighbors.

 

[RICHARDG]

Junkman,,I did say talk to the other party 1st,,,but the fact remains[assuming the poster knows his deed and property lines],that the septic system[or at least part of it] is on his property,its got to go,,,after talking with the other party,maybe something could be worked out,but every thing doesn't have to be worked out by big brother,[cops,courts],if the other party doesn't see their mistake,[and you can't tell me that when they had system put in that they didn't know that they were putting it on someone elses property],after talking with them,then they will not be a good neighbor anyways,,,as a matter of fact,just by doing this puts them out of that definition.Its kinda like this,I got posted sighns on my property,,,neighbors know they are for real,now if somebody would park their tractor on my property,[knowing this],,they are just messing with me,or stupid, one or other or both,,,I might just remove their tractor without their permission,it might get damaged in process,but I would do something to let them know that that wasn't smart,I would do this without calling a lawyer or taking them to court,then,if they wanted to take me to court,,they ain't got much of a case,now do they? ,,thingy

 

[BB_TX]

Richard - I think either you or I have misunderstood the situation. As I understand it, the system was already in place when both parties bought the properties. At the time it was installed, it was a single lot. It was subsequently subdivided into 2 lots and that is where the problem occured. The split overlapped the existing septic drain field. Both new owners are innocent victims of a oversight (accidental or otherwise) of the seller. The owner of the lot with the septic system is obviously responsible for having a new drain field installed on his side and resolve the expense with the seller and/or agent. Assuming the other owner complies, Jastak's only problem is determining if he can get a permit to install a septic system on his lot. If he can't, then he will have to resolve that with the seller and/or agent.
You are correct in that Jastak could simply cut the line, plug it, and say your problem. But that is not a good approach if you want to be neighbor friendly. I would give him adequate time to resolve the problem from his side.