Neighbour blocking sale

MultiFuelBurner

Surely that's a goldmine for the farmer, why doesn't he just spray direct from tank to field?

https://www.newscientist.com/article/2355597-human-waste-could-help-tackle-a-global-shortage-of-fertiliser/

Well perhaps not yet maybe in the future.

loubel

So are you saying that there are no formal rights between you and neighbour over use and maintenance of the septic tank? What about between you and the farmer who owns it? 

This should have been dealt with when you purchased the property, so I don't blame your buyer at all for wanting it dealt with now.

pinkshoes

Sheelha said:

Thanks so much for all the helpful comments, very much appreciated! To reply to many of your questions at once: for years we have had a verbal agreement with our neighbour that costs associated with the tank are shared, and this worked fine, but then we started to run our cottage as a holiday let, while our neighbour became too elderly visit her holiday cottage more than once or twice a year. So in this situation we thought it right to take on, ourselves, the cost of having the tank emptied every year - about £200.Tank is in excellent condition, we had it checked recently, but occasionally our holiday let guests do put the wrong things down the loos etc (despite my notices) Whenever there is a blockage unfortunately this is evident in our neighbour's cottage, but not ours. So, our neighbour knows it is in her interest to have our buyer (single, responsible lady) living next door, rather than our holiday let guests, and twice she has agreed to a legal statement that costs are shared, and twice she has changed her mind (without actually telling us, until too much time has passed!). I guess our buyer is worried she might have the huge expense of having to replace the old tank one day (but surely then she could insist on our neighbour/neighbour's son sharing the cost or being cut out altogether??) or she is concerned our neighbour's son might run the little cottage as a holiday let, and then there would be more frequent blockages (but as the unpleasant fact is the blockages are evident next door, not in our cottage, then he would maybe feel some sort of need to share some of the cost??) Septic tank is currently situated a little away, in a farmers field, so in neither of our gardens. If we built a tank in our own (small) garden to get around the problem, surely there is not much improvement, as 100% of costs would still be ours, except we'd have had the expense and inconvenience of putting a septic tank in our small garden. But if our buyer pulls out over this issue, will future buyers also see it as a big problem?? 

Surely there is something in the deeds about the costs and rights of use of the septic tank? Have you checked the deeds for your property, then neighbours cottage and the farmer's property where the tank sits?? 

Did the two cottages used to belong to the farm?

If this isn't mentioned in any of the deeds then it could certainly be a problem for future buyers. 

But at £200 a year to have the tank emptied, it's hardly a huge amount compared to the cost of a new tank. 

FreeBear

MultiFuelBurner said:

Surely that's a goldmine for the farmer, why doesn't he just spray direct from tank to field?

https://www.newscientist.com/article/2355597-human-waste-could-help-tackle-a-global-shortage-of-fertiliser/

Well perhaps not yet maybe in the future.

It used to be done back in the days... The Victorians introduced us to fancy things like flush toilets and sewers, so the night soil trade kinda dried up.

NameUnavailable

What's to stop the farmer removing it or stopping both of the properties from using it?!

MeteredOut

NameUnavailable said:

What's to stop the farmer removing it or stopping both of the properties from using it?!

I'll be very surprised if its not written into the deeds. I once owned a property where the soak-a-way septic tank was in the neighbouring famers field (our house was the original farm house), and it was in the deeds, and we also had right of access for any maintenance works.

NameUnavailable

MeteredOut said:

NameUnavailable said:

What's to stop the farmer removing it or stopping both of the properties from using it?!

I'll be very surprised if its not written into the deeds. I once owned a property where the soak-a-way septic tank was in the neighbouring famers field (or house was the original farm house), and it was in the deeds, and we also had right of access for any maintenance works.

Indeed. It's odd that the respective solicitors haven't already addressed this point (deeds) but the OP hasn't clarified either. There's also common sense - if the tank got blocked it's a problem for both parties.