Neighbours septic tank drains into our field

sacha1dog

Both ourselves and our neighbours had separate septic tanks that drained into our field. We each have a 4 acre field, but the previous developer laid out the drainage field so that it ends up in our own land.

About 5 years, we invested in a sewage treatment plant, however our neighbour didn’t, and so our field is still drained into by their septic tank. 

It’s horrible, and we aren’t able to use a section of our land due to their drainage waste. Large pools of smelly surface water pool close to our garden. The water from their septic tank eventually ends up in a large pond and a stream
at the bottom of both of our fields.

1- is there anything I can do to force them to change the way their system drains into our land?
2 - is the fact that that old system drains into a pond and stream a way to force them to fix the problem? Roughly, their septic tank was installed
about 1997.

theoretica

Are you in England?  Contact the Environment Agency. 

ProDave

Their drainage field is FAULTY.  regardless of whether it is a ST or treatment plant, the drainage field should allow the discharge to soak down into the ground.  If it is coming up to the surface then either the land is unsuitable, it has been designed wrong, or it is clogged.

I assume yours is okay?  they should drain to separate drainage fields even if under the same field.

Start by having a polite word with them to say their drainage field has failed and it needs to be re constructed and while they are doing that, can they put the new drainage field under their own land.

If they still do nothing involve the Environment Agency (or SEPA if in Scotland) but make sure your own system is squeaky clean before doing that.

EDIT: If you are saying it intentionally drains to a stream, then that is definitely wrong, since 2020 a septic tank draining to a watercourse should have been upgraded to a treatment plant.  Neither should intentionally drain to a pond or lake.

Sarahspangles

You need to go to gov.uk and look at Septic Tanks and Sewage Treatment Plants.

Work through the different regulations (these depend on how long the usage has been going on) to identify if there are breaches that could trigger enforcement action by the Environment Agency.  Pollution of a watercourse is typically the most serious issue, then surface water pollution.  If what you actually have is clean water and a pong (only testing can tell you this) there’s not much you can do, but maybe it would be reassuring?  I don’t know how proactive the EA now are.

I suspect you can also take action yourself on the basis that the neighbours tank is causing a nuisance if there is no breach of regulations.  Landowners have to accept natural flows of water from upstream/higher land but not from something manmade like a tank.

sacha1dog

There is a stream and pond about 50 metres downhill from the drainage fields, and it is totally waterlogged all the way from the drainage field down to the pond. 

My own STP outlet is into the stream.

propertyrental

* Your STP is fine. Assuming it is an approved treatment plant, the water outflow should be near drinking water quality and can drain into a watercourse.

* your neighbours septic tank, and/ or drainage field is faulty. A properly designed and functioning drainage field should have no surface 'pooling', and no further outflow beyond the drainage field. That is what the drainage field is for - to absorb the outflow from the septic tank. The soil may be incompatible (eg clay), or it may be clogged eg wet wipes! Either way, your neighbour needs to fix it

* does your neighbour have the legal right to use your field? What do your Land Registry Titles (yours and his) say? Is there a Deed of some sort granting him the right? Though he may have gained the right through long usage.....

* The EA will take a dim view of the illegal discharge into the watercourse. Hopefully when you contact them they will use common sense and not blame you (the foul discharge is from your land into the watercourse......)

Step 1: check the legal position
2) friendly chat over tea and cake, pointing out the legal position, the environmental damage, the need for a 'fix'. Neighbour could a) install a STP b) install a new drainage field on his land b) install a new drainage field on your land with your permission, and/or c) install a new septic tank - if needed as well as b or c above
3) solicitor's letter?
4) report to EA
5) legal action for damage and injunction