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Septic tank (shared) upgrade - what would you do?
Comments
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400ixl said:Where is the other 3rd party in this discussion? What is their point of view and is the property owner it is in also telling them that they will refuse access if it has to be replaced on their land?
All 3 have to be in agreement, not just you and the property owner for where it is located.
So I piggy in the middle, and the other two cottages are family so agree with each other and back each other up! I’m the poorer lone female in the middle who they think they can bully0 -
It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...1
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That’s really helpful
thank you @ThisThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...ThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...ThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...
I’m getting legal advice ASAP. It baffles me that they’re making such a mountain out of what seems to me quite a simply solution. You just put a system in and we share the cost and carry on as usual 🤷♀️Another question for my solicitor would be, can I insist on more than one quote, and can they specific the exact location in their property even if it’s more expensive. Who knows. I suspect these two elements will be ones I’m willing to oversee in the interest of harmony, +/- perhaps allowing access to the machinery through my fence/vegetable patch.Thank you!1 -
If you opt to have a system on your land, solely for your own use, is your neighbour likely to still demand 1/3 the cost towards a shared system.
Obviously you wouldn't be using it, but they seem like that lovely sort of neighbour, who would would give it a flipping good try. Eek!
"No, you can't connect to our new system, but we'll try to get some money out of you anyway, as that's what the deeds say."
Some legalese, with their signature(s), saying you're not responsible in that situation, would be needed in my opinion.
Edited to add... soz, just spotted that @ThisIsWeird said the same thing, in the post above.
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AJC211 said:That’s really helpful
thank you @ThisThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...ThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...ThisIsWeird said:It would seem that the main pressure is on the neighbour to agree to a resolution, since it's their land wot's being soaked in nasties...Do you have Legal Protection in your house insurance?I would agree that the terms of your deeds are pretty clear - it's to maintain, repair and renew the status quo. There is nothing there to suggest that the location can be moved on the whim of even a majority, 2 against 1.By all means consider having your own individual TP, provided the cost isn't excessive. A thing to confirm with your legal advisor, tho' - the existing deeds would still appear to suggest you are liable for a third of the costs for the existing tank, its repair, and possibly even its replacement. Make darned sure you can escape this liability before committing to going your own wayWhat to do? Your call. Obvs get solid legal advice before deciding. I think, in your position, I would be looking to keep the SQ, and have the new TP as a shared one located as close to the original as possible, even replacing it. This is bound to be the lowest overall cost, and there can be no real suggestion that any of the other two neighbours would jeopardise its running efficiency, as all three of you would need to pay to sort it.If you decide on this option, then force the issue by reporting it to the EA...
I’m getting legal advice ASAP. It baffles me that they’re making such a mountain out of what seems to me quite a simply solution. You just put a system in and we share the cost and carry on as usual 🤷♀️Another question for my solicitor would be, can I insist on more than one quote, and can they specific the exact location in their property even if it’s more expensive. Who knows. I suspect these two elements will be ones I’m willing to oversee in the interest of harmony, +/- perhaps allowing access to the machinery through my fence/vegetable patch.Thank you!It's normal practice in works like this to get more than one quote. So not unreasonable to insist. If they refuse and go ahead based on one quote I would refuse to contribute (and have a water-tight paper-trail proving you had demanded 3 quotes).To facilitate, I'd also select my own contractor and ask for a quote, but obviously you/the contractor would need your neighbour's consent to access the area........Locating it elsewhere on their property might be reasonable even if more expensive depending on the reason. I'd be flexible on this given that any additional cost would be split between 3 parties.If there's no other obvious access, then via your garden may be the only way. Generaly these guys put down boards etc over which they'd trundle their machinery/wheel barrows etc, but I'd insist that the contract specoifies that the contractor will 'make good' when they finish eg laying fresh lawn turf, top soil whatever has been damaged/destroued.2 -
It is a usual requirement of, say, building Freeholders to have to obtain at least three quotes for major works, before the Leaseholders agree to proceeding. I doubt that's written into the deeds, so it must be some sort of acknowledged/understood procedure. Ie, the FH cannot just obtain one quote from their preferred builder and then force the LHs to contribute. I am pretty certain that this could actually be legally challenged if they tried.
Almost certainly the same will apply here.
As PropRent says, cover yourself during this process in a watertight manner using a recorded means - written, text, WhatsApp'd, emailed, whatevs.
I'm guessing you don't have LegProt, then? Shame. Seriously consider adding it - you appear to have unreasonable neighbours. If you add it now, they may even be able to provide 'advice' for this process, even tho' they'd be unlikely to act for you.
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Apart from the practical construction issues, if the op agreed to the proposed new system on their land then all three sets of deeds would need to be updated, adding a significant cost in legal fees.1
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ThisIsWeird said:It is a usual requirement of, say, building Freeholders to have to obtain at least three quotes for major works, before the Leaseholders agree to proceeding. I doubt that's written into the deeds, so it must be some sort of acknowledged/understood procedure. Ie, the FH cannot just obtain one quote from their preferred builder and then force the LHs to contribute. I am pretty certain that this could actually be legally challenged if they tried.
Almost certainly the same will apply here.
As PropRent says, cover yourself during this process in a watertight manner using a recorded means - written, text, WhatsApp'd, emailed, whatevs.
I'm guessing you don't have LegProt, then? Shame. Seriously consider adding it - you appear to have unreasonable neighbours. If you add it now, they may even be able to provide 'advice' for this process, even tho' they'd be unlikely to act for you.
The neighbours prefer face to face meetings so after the critical one on Monday, I will email them and clarify my understanding of their position, and ask them to correct me by email if I’m wrong. Hopefully, maybe, I’ve misunderstood their position…(yeah right!)1 -
How do the access pipes run (2 neighbours involved, are you the one in the middle)? If any shared pipes go across your land, they may still have to, even if you get your own system.
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I do hope you can sort this and get your own modern system for your sole use. I remember digging shiLLy gravel from the overflowing shared drain in my courtyard one freezing autumn night, not the best memory.£216 saved 24 October 20140
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