Easement for drain field
#1
10-15-15, 06:55 PM
Easement for drain field
Hey, septic people, from common sense and maybe real life experiences, how much of a hassle is it to have easement in your property for neighbor across the street septic system? It's quite common here.
Property is 6 acres. House is quite far away from that easement. 102 x 140 ft easement.
Just curious. No worries, will be PITA? What say you?
Property is 6 acres. House is quite far away from that easement. 102 x 140 ft easement.
Just curious. No worries, will be PITA? What say you?
#2
10-16-15, 02:57 AM
As a Broker, I've dealt with setting these Easements up . . . . just make sure that the System is properly engineered and so that you (as the Serviant Land Owner never suffer from some disruption caused by a mal-function of the dominant party's disposal area.
An Attorney should draw it up for execution by both Parties and it should be recorded in your Land Records so that it can't be missed by any future Owner of either property.
It cannot help but diminish the value of your property; but a nominal rent or lease fee can adjust for that. If it's common there, you should be able to review comments by the suppliers of such Easements (Servient Owners) and the Users (Dominant Owners), and make sure the language of your Easement avoids the problems they have encountered.
An Attorney should draw it up for execution by both Parties and it should be recorded in your Land Records so that it can't be missed by any future Owner of either property.
It cannot help but diminish the value of your property; but a nominal rent or lease fee can adjust for that. If it's common there, you should be able to review comments by the suppliers of such Easements (Servient Owners) and the Users (Dominant Owners), and make sure the language of your Easement avoids the problems they have encountered.
#3
10-16-15, 04:23 AM
Six acres is nice, but I have always divided that by the minimum lot size to mentally judge whether an extra lot or to might be possible in the future. Locating an easement on that property could eliminate a future lot and potentially a lot of money. Just commenting.
Bud
Bud
#4
10-16-15, 06:51 AM
Thank you.
It's in 15% of the property assigned as wet land. Can't be built on anyway.
I have county legal doc for it but it does not provide any grantee name. It's a mystery title company and realtor are working on.
Neighbor property south of one discussed does have drain field from house across the street from it. I'm suspicious it's same case here.
I have no 1st hand experience with this though and curious how much possible headache it is reality of life wise.
It's in 15% of the property assigned as wet land. Can't be built on anyway.
I have county legal doc for it but it does not provide any grantee name. It's a mystery title company and realtor are working on.
Neighbor property south of one discussed does have drain field from house across the street from it. I'm suspicious it's same case here.
I have no 1st hand experience with this though and curious how much possible headache it is reality of life wise.
#7
10-16-15, 10:35 AM
Is this for new construction or has an existing system failed? If an existing system has failed, do they have an alternative, maybe an expensive one. IMO, new construction, it should not be allowed. A hardship case for an existing failed system should come at a price.
Bud
Bud
#8
10-17-15, 06:20 AM
Originally Posted by ukrbyk
". . . It's in 15% of the property assigned as wet land. Can't be built on anyway . . ."
Around here, if it were designated a Class 2 Wetland, you can't do much with it at all EXCEPT pay taxes and look at it (with a Permit).
