How to Obtain an Easement for a Septic System Permit

[MRStace84]

In the state of WV, I am trying to get a permit for the installation of a new setpic system. The Health Department has informed me that I need to get an easement from the neighboring property owner. I have never had to do this before, and I am wanting to know what are the appropriate steps that I need to take to get this easement?

Thank your for any assistance.

[Newtons_Apple]

What type of easement are they asking you to obtain? Is your new system going to encroach onto your neighbors property?

In general, the way to get an easement is to approach the person you want to get it from and ask if you can have one. Then you hire a surveyor to locate and describe the easement. Then you hire a lawyer to include the surveyor's description into an easement deed. Then your neighbor signs the deed, and your parcel has an easement.

[MRStace84]

Thank you for your response. In this case the health department requires us to be at least 10 feet from the property line. However we do not have that much room. We do not need to install anything on the adjoining property but we do need to be able to install it closer than the required 10 feet. That is why the health department has asked us to get an easement.

[Newtons_Apple]

Ok - that is a fairly standard occurrence.

At the end of the day, the purpose of the easement will be to obtain permission from your neighbor to build your system closer than code allows.

I don't know the specifics of WV law in this case, but I would still say the steps to go through will be:

1. Ask the neighbor for permission. Do this first, before anything else. Respect and politeness go a long way toward making this an easy process.
2. Consult a surveyor. Depending on WV law, you may have to depict the portions of your system that will be over the setback line. A surveyor is the only one who can do this.
3. Retain a lawyer in order to go over the easement language and to help execute the deed.

Hope this helps.

[LandSurveyor]

1. Ask the neighbor for permission. Do this first, before anything else. Respect and politeness go a long way toward making this an easy process.

That's the way to proceed. Money might have to be involved as consideration at some point. That's understandable. If this does not work, and it is entirely up to the neighbor, who has no obligation to grant you an easement, you can consider asking for a variance from the Health Department. Get a licensed civil engineer (a "PE") to examine the situation, and if the professional opinion in writing is that the administrative objective of the Health Department is met entirely on your property, you might get a pass without an easement.

Good Luck!