Indemnity policy for septic tank access?

Narr

We are in the process of buying a property and have come accross issues over access rights to what would be our septic tank. The tank is used for number 22 and 20 (we're buying 20) however it is located under the driveway/farm access road of 18. We have legal access rights to use this driveway down the side of our property to reach our garage however there is no agreement regarding accessing the septic tank for servicing etc. The sellers argue they have never had a problem getting it emptied etc but are unwilling to approach the owner or 18 for fear he may say no to a legal agreement (claiming it is because he is reclusive). Instead they are offering an indemnity policy for the risk of denied access in the future. Is this a reasonable option? What would it really cover us for? I've read through the policy but it doesn't really explain what it covers. Should we go ahead with the purchase?

pmlindyloo

Narr wrote: »

We are in the process of buying a property and have come accross issues over access rights to what would be our septic tank. The tank is used for number 22 and 20 (we're buying 20) however it is located under the driveway/farm access road of 18. We have legal access rights to use this driveway down the side of our property to reach our garage however there is no agreement regarding accessing the septic tank for servicing etc. The sellers argue they have never had a problem getting it emptied etc but are unwilling to approach the owner or 18 for fear he may say no to a legal agreement (claiming it is because he is reclusive). Instead they are offering an indemnity policy for the risk of denied access in the future. Is this a reasonable option? What would it really cover us for? I've read through the policy but it doesn't really explain what it covers. Should we go ahead with the purchase?

Are you using a solicitor? If you are then you should be asking him that question

G_M

Very common. In older properties it is common for arrangements like this and often they are informal. Trouble is nowadays everyone is scared of disputes and solicitors/mortgage lenders insist on crossing 't's and dotting 'i's.

I share a tank with my neighbour. The tank is in his garden. For 15 years he's sent me the invoice for emtying it annually and I give him a cheque for half.

The old deeds show only that I have a right to 'water supply and drainage' to/from a farm half a mile away (the water now comes, again via my neighbour's garden, from the mains in the road).

Doubtless if I sell, the buyer's legal team will insist this arrangement is not enough and I'll have to put indemnity insurance in place or lose my buyers.

Mad!

silvercar

Why would the owner of the land that the septic tanks sits on/ in not be willing for it to be emptied.

The !!!! will hit him first!

david29dpo

If i were you, (i have a shared septic tank) I would get written permission. You never know who the other house will be sold to in the future.

G_M

david29dpo wrote: »

If i were you, (i have a shared septic tank) I would get written permission. You never know who the other house will be sold to in the future.

Except that 'written permission' from the current owners would not legally bind any subsequent owner!

david29dpo

True, i should have said get the present owners to add the right to the deeds at the sellers expense.

Werdnal

We had similar problems here when we bought in '93. Our septic tank was across farm lane in our neighbour's garden, our private water supply comes from a field behind us that belongs to the local farmer, and same farm had right of access across our yard to reach one of his barns. Just to add to the complications, our access lane runs through a 3rd land owner's property.

Get your solicitor to ensure the vendors include it all in the deeds BEFORE the sale. In our case we have rights to access and maintain the tank and water supply, and have never had a problem even though the neighbouring property has since changed hands. If vendors want you to take on this property with all its historical "foibles", they must get it all written up legally first.

G_M

G_M wrote: »

...
I share a tank with my neighbour. The tank is in his garden. For 15 years he's sent me the invoice for emtying it annually and I give him a cheque for half.

The old deeds show only that I have a right to 'water supply and drainage' to/from a farm half a mile away (the water now comes, again via my neighbour's garden, from the mains in the road).

Having decided to see if I could formalise the existing arrangement, I seem to have 3 options:

1) live here another 5 years, and claim the right by prescription after 20 years unrestricted and unchallanged use, and register it against my neighbour's Title

2) Get a Deed of Trust drawn up between self and neighbour which would protect/obligate current/future owners of both properties. Was quoted 'about £1000' for this, to cover two sets of solicitors.

3) Make a statement of truth or statutory declaration for the 15 years and offer that to any future purchaser + an indemnity insurance to cover the missing 5 years.

£1000 seems expensive (I'll shop around), but any feedback/advice on the these (or alternative) options welcome.

agrinnall

Are you likely to be wanting to move within 5 years? If not then I'd stick with option 1 and if circumstances change before the 5 years is up re-evaluate options 2 and 3.

I would be interested to see any other answers as in my case the septic tank is on my land, although I've lived here for 7 years and it's not needed to be emptied yet.

Yorkie1

I suppose the only thing about option 1 is that if you get on well with your neighbour, it might appear to him as aggressively legal, if you know what I mean? Suddenly to receive a notice of registration out of the blue might well really put his back up.

I guess only you know how approachable he's likely to be for option 2 and whether option 3 is actually quite risky in terms of a buyer not accepting it / it taking a lot of legal resources & time to resolve at sale.