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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Default Easements for Septic Systems

    My question involves real estate located in the State of: Ohio

    We purchased a home over 20 years ago, during this time we have pumped our septic system, or rather what we were told was our septic system.

    Recently it appeared that our system has failed. Upon investigation, we found our septic tank is on another persons property. In order to install a new system, under current regualtions, we have found we must invest in an expensive system in order to accommodate the regulations, or discharge the clean water off site.

    So three questions:
    1. is there any legal recourse for failure to disclose the septic being off our propoerty

    2. Can we obtain an easement to relpace the system on the other property

    3. can a landowner be required to provide an easement/right of way for piping to discharge water off site

    Thank you.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,576

    Default Re: Easements for Septic Systems

    Quote Quoting nfolsom
    View Post
    My question involves real estate located in the State of: Ohio

    So three questions:
    1. is there any legal recourse for failure to disclose the septic being off our propoerty

    2. Can we obtain an easement to relpace the system on the other property

    3. can a landowner be required to provide an easement/right of way for piping to discharge water off site

    Thank you.
    1. Possibly. Check first with you county health department to see if any permits were issued. If you need to go to court, it will probably cost more than a new septic system.

    2. You may be able to obtain an easement by prescription. You will need a lawyer for this court case. You can also try to negotiate an easement with the neighbor.

    3. See #2

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