Thursday, May 20, 2010

I bought a house, come to find out septic not on the property, who is responsible the old owner, or us?

Bought the house six years ago, township did a land survey, most of my septic is not in our backyard but in our neighbors. shouldn't of this been disclosed when we bought our home? Can we sue the previous owners for putting this houses septic on someone elses property?

I bought a house, come to find out septic not on the property, who is responsible the old owner, or us?
My mother had the exact same thing happen when she bought her house 30 years ago. Her lawyer advised her to just come to an agreement with the neighbor and not bother to go after anyone. You might put in a lot of hassle for a whole lot of nothing.


When the septic needs replacing then you can have it moved onto your land. In the meantime, discuss it with your neighbors and have some papers drawn up with them giving you permission to have your septic on their property until it needs to be renewed.


Often times, if you try to sue someone in a situation like this, you end up spending more money then if you ripped up the whole septic and had it replaced. It is just not really worth it.


Good luck!
Reply:Its possible you could sue, but as a buyer you also have a duty to do your own due diligence. Did you have a survey, or did you just take the owners word? It will be hard to prove they had knowledge that this was even off their property if it wasn't installed by them. What if it was installed by the owner before them, and they didn't know? Good luck, but I also feel you had some responsibility here.
Reply:I suggest you consult with an attorney about your rights.

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