How to Unshare a Septic Tank

SepticSkeptic

Two houses shared a septic system from the 1960s onwards. Deeds have mutual covenants to share maintenance. Tank in neighbours garden, OK so far.

Year 1999, neighbour subdivides plot and third house built over the site of the old tank, so new one is built in neighbour's garden and subsequent maintanance costs shared by thirds. Some parts of my drainage now pass through new subplot. We have been sharing costs on that basis since 2000 (previous owner and us).

I bought the house in 2005, and there is no deed variation or agreement of any kind talking about third shares. My neighbour (with tank) is a nightmare, the third house owner is reasonable.

The current system is end of life, and I intend build a system on my own property.

What legal instrument do I need to use to stop being mutually responsible for half (1960's deeds) or thirds (precedent from 2000) of a septic system?

propertyrental

Presumably there is a Deed, registered with the Land Registry, (dated xx/yy/196X?) which specifies your and your neighbour's respective rights (to use the tank) and obligations (to maintain/pay for the tank).?

This deed will need to be surrendered, and the surrender lodged with the LR. To surreder the deed will require the consent of all (both) parties to the Deed.

If your neighbour is a 'nightmare' this could be problematical.

Arguably, and subject to the exact wording of the original deed (which you have ot quoted for us), your neighbour is in breach of the terms of the deed, since he has failed to maintain  the original (and presumably specified) tank and has denied you the use of it (by building over it).

Another avenue to put pressure on the neighbour might be if the current tank is on-compliant. The rules reently changed and are very strict now regarding outflow from septic tanks. Where does the outflow go? To

* a suitable and compliant drainage field?
* a river, watercourse, pond or road drain?
* somewhere ese?

If the tank is non compliant, the threat to contact the EA might encourage your neighbour to agree to surrender the deed......

SepticSkeptic

Thanks for the reply. Is there a standard (pro forma) set of words for this type of thing?  The neighbour is in breach for allowing a third house into the system.

propertyrental

Well there are a variety of potential legal wordings for the surrender, but if you are referring to pressing him over the breach, then the steps, I imagine would be
1) a friendly chat over tea and cake
2) a solicitor's letter
3) a legal claim via the courts.

Do you have access to legal assistance? eg your union/employer? Insurance legal cover?