Soakaway on neighbours land

Rach968

Hi

We bought our house 9 years ago from a friend, it has a septic tank and soakaway. The house was parcelled off from a smallholding and this meant that though the septic tank is on the land we now own the soakaway is on our neighbours land.

The system was installed circa 1981 and has been in continuous use by those resident at our property.

The soakaway does not meet current regulations but because it was installed so long ago and is not near a water course or ditch this hasn’t been a problem.

The landowner has just told me that the soakaway is in the way of development work they are looking to do. Unfortunately there is no written agreement between us relating to the soakaway.

What rights do I have, if any? Am I able to claim some kind of easement?

Any advice / experience of similar much appreciated.

Jenni_D

Search this board for soakaway - I recall a previous thread where someone had a similar issue.

user1977

What happened when you purchased? Did your solicitor tell you that you had no rights to the soakaway and you decided to proceed anyway?

MoneyGeoff

Lots of info on gov.uk: https://www.gov.uk/guidance/general-binding-rules-small-sewage-discharge-to-the-ground

Also you should check your house deeds. Mine has lots of info about the septic tank, how the ownership is split, who pays for repairs, who is allowed access etc. You can get a copy for £3 from the land registry I think.

Rach968

Handshake only - you live and learn...................

canaldumidi

Firstly, you almost certainly have a prescriptive right based on continuous use since 1981. You may need a solicitor to help enforce it if the neighbour goes ahead and 'cuts you off'.

https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription

https://www.pla.org.uk/2017/08/prove-prescriptive-rights-evidential-presumptions-article-looking-prescriptive-easements-evidence-rebuttal-presumptions/

google for more.

Longer term, agreement with the neighbour backed up by a Deed registered against both properties will make life easier in future (eg if one/the other sells).

But an alternative, environmentally and more long term solution might be to get rid of the septic tank and install a small sewage treatment plant. Cost will be higher initially, and will still need somewhere for the utflow to go - but a drainage ditch/road drain or watercourse will be OK as the outflow is clean. That way you also remove any neighbour dispute and take control of your own effluent!

ss2020jd

Not as helpful as the other advice you have been given, but I viewed a property that had a similar position - in that case the septic tank was on the neighbouring land but the deeds I downloaded said: 

 “The land has the benefit of the rights granted by but is subject as mentioned in a Conveyance of the land in this title”

but it was so general and there were other issues that we decided not to offer on the property in the end. 

As has been mentioned, your solicitor should have mentioned this in his report. 

Otherwise hopefully there will be something in the deeds about it. 

I didn’t think a soakaway was permitted  after the rule changes so you may be better updating/changing the system anyway. 

Rach968

Thank you.

Am unsure if the 20 years for a prescriptive easement has to be specifically use by my family rather than use by whomever resides in the house for over 20 years?

Also looking into other options:

A new drainage field on my land, if I can squeeze one in, connected to the existing septic tank.

A converter that meets current regulations located on my land.

New small treatment plant will be difficult due to lack of funds...  

Rach968

As the system was installed pre 1983 current regulations do not apply. Any changes however would have to be to current standards.

canaldumidi

Would be interested toknow what youmean by 'a converter'. Either you clean up the effluent and discharge clean water (which can go anywhere) ie a small sewage plant, or you don't clean it up and discharge foul water to a proper soakaway that is sufficient to manage the effluent. (or you have a cess pit that stores everything and is regularly emptied eg 2 or 3 monthly.

'Converter'.....?

Treatment plants cost form £1500 upwards + installation costs.

Installation costs for a new soak away could potentially exceed this due to the much larger area or ground that has be dug up to bury the pipework. Worth getting comparative quotes.

Rach968

Definitely a septic tank. I will certainly be doing more research and comparing costs. 

Converter I think is a treatment plant to attach to the existing septic tank, but as I say am early stages in this process.