Conveyancing issues

Lanternrouge11

I am selling a house that I bought 20 years ago from a farmer which is semi detached to their property. There is a shared septic tank and the farm supplies water to the house, billed annually. I have nevery been charged for the septic tank use, as it has never been emptied. Now I have come to sell the property the farmer will not provide me with details of the tank or water supply to pass to a buyer. This has caused the sale of my house to fall through twice, as purchasers are understandably concerned about the absence of information. What are my options, apart from litigation? Can I provide some kind of insurance cover for a buyer, or could I sell the property at a reduced price to reflect the uncertainty, to a house buying firm or similar? My solicitors are pushing for litigation, but that will cost thousands.

canaldumidi

First off - you have a legal duty to ensure the system you use is compliant.

You are responsible for (the ‘operator’ of) a septic tank or sewage treatment plant if:

• you own the property that uses the system
• your property shares the system with other properties (you are jointly responsible)
• ..........
  

You have additional legal obligatios when selling your property under the General Binding Rules.

You sell your property: tell the new owner about the sewage treatment system (rule 13)

If you sell your property, you must tell the new operator (the owner or person responsible for the septic tank or small sewage treatment plant) in writing that a sewage discharge is in place.

Include:

• a description of the treatment system and drainage system
• the location of the main parts of the treatment system, drainage system and discharge point
• details of any changes made to the treatment system and drainage system
• details of how the treatment system and drainage system should be maintained and the maintenance manual, if you have one
• maintenance records, if you have them

Having taken a rather laissez-faire attitude to your sewage disposal for 20 years, you are now finding it has caught up with you.

But to adress your specific question, the ideal solution is obviously the tea and biscuits approach to your neighbour to a) obtain the information needed and b) encourage him to maintain your shared system (for which you are jointly legally liable) responsibly. For a septic tank that means periodic emptying when needed, inspection of the tank for leaks etc, and, critically, inspection of the outflow, whether to a drainage or reed field, as these can fail over time.

But if the neighbur is uncooperative, yes, I assume legal action is possibe to obtain a court order forcing him to comply. Not a recommended solution! Or equally undesirable, you could contact the Environment Agency......

I doubt indemnity insurance is possible. And frankly, as a buyer, I would not be interested. Knowing I was going to be using (and legally responsible for) a 20+ year old, ignored, sytem would have me walk away - unless the price was made very attractive.........

edit: you might get more replies if you make your thread title more relevant eg "septic tank issue" or difficulty selling with septic tank". This is not really a conveyancing issue per se.