Septic Easement Agreement

Secured Creditor Asset Purchase Agreement
marzo 29, 2022
Set Aside Law Arizona
marzo 30, 2022

Chispa, I agree with you that the septic examination before construction is important. My husband is an engineer – believe me, we did our due diligence and then some before closing this property. 🙂 (We drove almost everyone crazy with all our very detailed and very persistent questions over the full 45 days until the end – yes, we used the full 45 days!) We requested and carefully read the geotechnological documents, researched the county`s licensing rules, consulted with several builders, found one of the best septic systems on the island, and received a detailed estimate of the location and price of the septic tank before completion. We`ve just made the situation a little more complicated lately by exploring this idea of adjusting the dividing line – something we really don`t need to do, but my husband thought it was an idea worth exploring. When we first looked at the property, we were told that soil logs had been made near the building envelope and that we would need an expensive alternative septic system due to the heavy clay soil. Luckily, our septic type was very familiar with development and they knew there was sandy soil on the lower part of the property, which gave us the opportunity to make a septic tank at almost half the cost! Whoo hoo! And yes, my husband still asks many, many questions. In fact, it happened three weeks ago, on the morning of our 25th birthday. On the day of the wedding, on the fact that we were present when the holes for the floor trunks were dug and inspected – how romantic! 😉 Here`s our dilemma – we`re debating whether to make an adjustment to the dividing line with the property next to our own. It has not yet been sold and the bank owning the property is willing to work with us to make a BLA essentially for the cost of the survey and any registration fees with the county.

The reason for the adaptation would be to gain an extra buffer between our building envelope and the envelope of the neighboring building – we would have the opportunity to plant additional trees/shrubs between us and any future neighboring house. (Instead of the current 50-foot buffer zone, we would have 100 feet for a beautiful green belt.) However, county rules require that the adjustment of the demarcation line ensure that each lot remains in its current size, so if we get the top corner of the neighboring property for a buffer, we will have to give them an equal adjacent part of our property. We played with a few different options, one of which would put our septic field on the other property. The surveying company told us that it is not uncommon to have easements that allow you to be a septic field on a nearby plot. (Due to the slope of the land, the chances of finding another location on our property that is suitable for a septic field are quite slim.) The big question – is a septic field easement a good idea or a potential source of problems on the road? Your opinions/advice will be greatly appreciated! And what happens if someone is injured in the servitude area? Your neighbor could be held responsible for his injuries! Well, our property as a septic easement and I don`t foresee any problem, but the land on which the easement is located is already owned and built. If the field were empty, it would make me a little nervous about the problems at all levels. How big is the other lot? And he MUST leave you and your workers on his property at all times if you need to do any type of maintenance on your septic tank. In fact, if you have to go to a part of his property that is outside the boundaries of your easement to maintain your septic tank, he must actually allow you to do that too! (This right is generally referred to as a «secondary servitude.») The bank can be very happy to exchange 1 hectare of its steep clay land for 1 hectare of its flat sandy clay land because the exchange is to their advantage. (You might actually think that preserving this acre would give them a place to install a septic tank to serve their property!) I sincerely doubt it, but they will feel the same way when they make the exchange, when the land they would get will already be encumbered with a septic easement to serve your property! I would have done this septic exam before buying, not just before construction. I would have made an offer for the property, subject to septic approval, location and cost. Just something to keep in mind when buying raw/undeveloped land. I think we`ll get in touch with our septic on Monday and see if there`s a way to find another accessible place and what it might cost – it could be worth the extra cost.

If it can`t, we`ll have to see if we can play with the BLA in a way that keeps the land currently on our property. Thanks for the answers to everyone! The other property is 6 acres and has the same shape and land as our property – a long rectangle with a flat area on the upper acre approximately, then it is very steep, rugged, busty, with young second-growth firs and alders – about 100 feet of waste over 200 feet, with several very steep gorges. (We were fortunate that our septic type had the experience and equipment that allowed it to reach a rocky outcrop above one of the slopes for a field, while maintaining enough brush and trees to prevent erosion.) We would like to buy the other lot, but we don`t have $250,000 left. 😉 (We suspect that their soil conditions on top are the same as ours, and we know that they also have sandy soil underneath.) To carpecattus. I reviewed this forum for information on the pros and cons of a septic easement for our vacant properties on Whidbey Island in Mariners` Cove. Did you just want to say hello and ask how your building went? We built our dream waterfront home in 2005 and have 2 vacant lots with docks on the canal that we want to sell now, or at least one. One percs and one no. So, do we build on the non-Perc plot and make an easement for the drainage field on the pierced plot to keep it open so that we can access the dock? It`s flat ground, always mowed and used for nothing else, so it would be nice for a runoff field without losing access. Of course, there is the added or subtracted value to consider. You just need to sell one of them as soon as possible. I just built with a septic field completely on another plot. But we`re 0.3 acres and I`m not sure I would do it with your situation.

We had little choice and in our area it would be unusual for someone to plant things in the field that would be a problem. But in most places, a field needs to be protected and who takes care of things otherwise. No matter how you look at it, the existence of your septic easement (and septic tank) on the neighboring property would make that property LESS valuable than it would otherwise be. I loved going through this forum last year as a husband and I am preparing to build the house of our dreams (hopefully at the end of next year or early 2014) and immediately thought I could get useful views on our situation. We purchased a nearly 7 acre property about two years ago, and we are in the process of designing/installing a septic/field facility. Our land is very steep, with heavy clay soils in the upper part of our property where the building envelope is located, and sandy/loamy soil is located in the lower corner of our property, so there will be the septic field there. Soil protocols made – fabulous sandy soil – whoo hoo! 😉 I don`t know if it would be a problem for you if your septic tank is in an easement on your neighbor`s property, but I for my part would never want to buy a property that had a septic easement and YOUR septic leaching field on it! Due to the robustness of the site and the county`s very strict rules in terms of clearing and leveling, the chances are extremely slim that future owners will one day use their lower part of their land, except perhaps for the creation of a septic field. (We plan to keep most of our wilderness.) Bev, you make a good point about whether it could reduce the value of this property – talking to the bank about the demarcation line adjustment, we told them we wanted to make sure we don`t devalue their property – they may not be so enthusiastic about it. Basically, the person who owns land encumbered by an easement is always somewhat limited in what he can do with that part of his land.

Some easements are relatively harmless, but a septic easement would severely limit the owner`s ability to use this portion of their land. For example, he can`t build roads over the septic easement or even occasionally drive his van over it because it could damage your septic field. He cannot build a building on the land. It cannot graze large animals there because they would compact the soil over time, which would lead to an early failure of the leaching field. He should not grow a vegetable garden there because of the possibility of harmful substances. It is even limited the trees it can plant, as the roots of many trees that love water (for example, willows). B) obstruct septic tanks. He cannot dig a well and he cannot put his own septic leaching field into the servitude. Thus, the person who buys the property with your septic field easement ends up paying taxes for land with which they can basically do nothing but WATCH.

And one of my favorite Christmas memories is that of 8 months after we finally started the work. Our builder had promised us that we would be in our new home by Christmas, but by that time we all had a dried bowl with bare support walls inside. And we had so many problems with our builder that we knew we had to fire him and we were so scared of the financial impact that we didn`t want to spend money on travel or fancy gifts. .

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