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  1. #1
    Join Date
    Feb 2017
    Posts
    1

    Default What to Do if Your Septic Leach Field is on a Neighboring Lot

    My question involves real estate located in the State of: KY
    Me and my wife found the house of our dreams last year, we closed on the house last April for the second time, the first time at the end of the contract date the seller back out since she never had the Lots divided in the Deed. So we had to move in and then move out in the same day really confusing to get into that. So since then we discovered that out leach field now runs into the other lot that was attached to the house we now own. SO the seller is now going to build on the lot that should be ours and going to be near our leach field for our Septic System. What Should I Do.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Seperated Lot and Septic System

    Was it known the leach field is on the other lot by yourself and/or the seller?

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Seperated Lot and Septic System

    Quote Quoting jjdhinds
    View Post
    My question involves real estate located in the State of: KY
    Me and my wife found the house of our dreams last year, we closed on the house last April for the second time, the first time at the end of the contract date the seller back out since she never had the Lots divided in the Deed. So we had to move in and then move out in the same day really confusing to get into that. So since then we discovered that out leach field now runs into the other lot that was attached to the house we now own. SO the seller is now going to build on the lot that should be ours and going to be near our leach field for our Septic System. What Should I Do.
    So there was one property with a house on it that you purchased with the understanding that the lot was subdivided into two lots. Then for whatever complicated reason, the sale was rescinded because the seller had never subdivided the property into two parcels. The seller then subdivides the property, you close (last April) on the lot with the house on it and then learn that part of your septic system is on the vacant lot. Is that a fair assessment? And you and the seller had no indication of the situation at the time of closing nor was any easement granted to you for your septic system.

    You have two possible remedies to the situation and both will require you to hire an attorney. The first is to move your disposal field back onto your property at the seller's expense. The second, is to be granted an easement to use the neighboring lot for your system. That could be done by agreement with the seller and yourself or through the court if there is an impasse. This should be done ASAP (before any construction commences on the neighboring property). Zoning and standards for subsurface disposal systems require certain setback for these systems and easement boundaries are generally regarded as boundaries for these purposes.

    Is there any survey or plat that shows where the disposal field is located? How large is the encroachment and exactly how did you find out about it? Was there a problem with the septic system?

    There are several doctrines in common law that apply here: easement by necessity, easement by Estoppel, and easement by implication. I can find elements of each doctrine that may apply to your situation. You can Google each doctrine to understand what they are. Or we could discuss them here. In any event, you need to be consulting about this with an attorney. And if this is not resolved and recorded, it will place a cloud on your title that will have to be resolved if and when you want to sell the property.

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