Adverse Possession of Shared Septic

[Don't Blink]

My question involves real estate located in the State of: New Hampshire

Can AP come into play at all for a septic?

I want to buy a house that currently has a shared septic. The septic is on the property for sale. Foreclosed property so not much knowledge of property in general. (Only a 1000G tank---is this even a legal?)

If we buy property can we legally have other property eventually get their own septic (over the course of 1 year? 2 years?) and cap off pipes to other property?

We don't want to make enemies but don't want to pay the extra fees of maintaining for another family that has nothing to do with us.

Thanks.

[Newtons_Apple]

A claim of AP typically has to be exclusive. This means that no one else but you can have occupied or used the property in question. A shared septic by it's nature is not exclusive use, so in my opinion there would be no AP claim.

Even if you did cap the pipe and begin a period of exclusive use, the statutory period in NH is 20 years before a claim of AP will ripen.

[Don't Blink]

Thanks for the response Newtons_Apple.

[Mr. Knowitall]

You will need to check if they have an easement, or if they have a legal basis for obtaining an easement.

[Don't Blink]

Thank you Mr. Knowitall as well.

[eapls2708]

Even if they don't have a recorded, written easement, the use, which apparently began with the permission of, or at least the knowledge of (with continued use indicating at least tacit, if not actual permission), it is quite likely that they now have a prescriptive use/easement which could continue until they do something that places an additional burden on the system above that they have previously placed on it, or until the septic system fails and needs to be replaced.

So while Newton is correct that AP is not an issue, it is quite unlikely that you would be able to prevent their future continued use of the septic system without their willing agreement to stop using it.

[Don't Blink]

Even if they don't have a recorded, written easement, the use, which apparently began with the permission of, or at least the knowledge of (with continued use indicating at least tacit, if not actual permission), it is quite likely that they now have a prescriptive use/easement which could continue until they do something that places an additional burden on the system above that they have previously placed on it, or until the septic system fails and needs to be replaced.

So while Newton is correct that AP is not an issue, it is quite unlikely that you would be able to prevent their future continued use of the septic system without their willing agreement to stop using it.

Oh okay interesting, thanks.