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  1. #1
    Join Date
    Jul 2011
    Posts
    8

    Default Adverse Possession of Shared Septic

    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.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Adverse Possession of Shared Septic

    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.

  3. #3
    Join Date
    Jul 2011
    Posts
    8

    Default Re: Adverse Possession of Shared Septic

    Thanks for the response Newtons_Apple.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adverse Possession of Shared Septic

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

  5. #5
    Join Date
    Jul 2011
    Posts
    8

    Default Re: Adverse Possession of Shared Septic

    Thank you Mr. Knowitall as well.

  6. #6
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    395

    Default Re: Adverse Possession of Shared Septic

    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.

  7. #7
    Join Date
    Jul 2011
    Posts
    8

    Default Re: Adverse Possession of Shared Septic

    Quote Quoting eapls2708
    View Post
    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.

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