Septic tank (shared) upgrade - what would you do?

AJC211

Yes more explicit is probably wise. Thank you. I think they need to know that I am choosing not to go down the legal route, and if they want to kick up a fat fuss then we can all make things difficult for each other, but that’s ridiculous and let’s move on 🤞Unfortunately people like this never give up until they have what they want OR if they don’t, they exert their control over you in some other way, so I do need to pick my battles whilst advocating for myself. People eh?! This is why I have pets 😂

BonaDea

I would replace the exclamation mark after 'logistics' with a full stop.  The exclamation mark makes you come across as a bit appeasing (rather than reasonable, which I think is what you're after).  

propertyrental

I'd just stress 2 alternatives:

1) if we install separate systems, then the easements (both yours and theirs) must be removed via a Deed of  Surrender, registered with LR, and all pipes will be removed from (my) garden

2) however as it's likely the easement as written, and/or an easement of necessity or easement of common intention, remain valid on removal of the current system, then the existing pipes can/must remain in use and a new joint system installed that is acceptable to all.

Either way, we can avoid costly legal fees by reaching one or other solution.

AJC211

propertyrental said:

I'd just stress 2 alternatives:

1) if we install separate systems, then the easements (both yours and theirs) must be removed via a Deed of  Surrender, registered with LR, and all pipes will be removed from (my) garden

2) however as it's likely the easement as written, and/or an easement of necessity or easement of common intention, remain valid on removal of the current system, then the existing pipes can/must remain in use and a new joint system installed that is acceptable to all.

Either way, we can avoid costly legal fees by reaching one or other solution.

Oh thank you, you’ve put it much better than me! I actually don’t want a joint system after all this but the way you’ve put it is true and does at least give them a choice!

MeteredOut

AJC211 said:

propertyrental said:

I'd just stress 2 alternatives:

1) if we install separate systems, then the easements (both yours and theirs) must be removed via a Deed of  Surrender, registered with LR, and all pipes will be removed from (my) garden

2) however as it's likely the easement as written, and/or an easement of necessity or easement of common intention, remain valid on removal of the current system, then the existing pipes can/must remain in use and a new joint system installed that is acceptable to all.

Either way, we can avoid costly legal fees by reaching one or other solution.

Oh thank you, you’ve put it much better than me! I actually don’t want a joint system after all this but the way you’ve put it is true and does at least give them a choice!

If you think back when the issue first arose, if the neighbours had come to you and said "the existing system has issues/is not compliant, we need a replacement system, and the deeds state we need to each pay for it" (option 2 on your original post), it's likely you would have just agreed to it, as that is exactly what the easement is in place for.

LHW99

My draft reply. I will probably send it at 11.59pm on Wednesday...(joking, I'm not that petty! I will probably put a holding reply over as I'm waiting for a quote)

I believe with solicitors it's usually 5.29pm on Friday

AJC211

MeteredOut said:

AJC211 said:

propertyrental said:

I'd just stress 2 alternatives:

1) if we install separate systems, then the easements (both yours and theirs) must be removed via a Deed of  Surrender, registered with LR, and all pipes will be removed from (my) garden

2) however as it's likely the easement as written, and/or an easement of necessity or easement of common intention, remain valid on removal of the current system, then the existing pipes can/must remain in use and a new joint system installed that is acceptable to all.

Either way, we can avoid costly legal fees by reaching one or other solution.

Oh thank you, you’ve put it much better than me! I actually don’t want a joint system after all this but the way you’ve put it is true and does at least give them a choice!

If you think back when the issue first arose, if the neighbours had come to you and said "the existing system has issues/is not compliant, we need a replacement system, and the deeds state we need to each pay for it" (option 2 on your original post), it's likely you would have just agreed to it, as that is exactly what the easement is in place for.

Exactly! I have spent 2 months saying, in person and in writing: We get 3 quotes to replace the system on the existing property, and agree on one, as per the easement (and I have lined up companies to provide quotes for exactly that). I have also said, in person and in writing, for 2 months, that I do not want any/all of a new system on my property. They, meanwhile, have spent the 2 months trying to get me to agree to exactly that, while lamenting how long the process has taken. Just bonkers! I am so done with the whole thing now

ThisIsWeird

Calm!
You need to allow for, and be ready to accept, the original alternative, that of upgrading the existing system as it currently lies.
Or, each to your own system - with no crossover.
That's it - kiss.
Both are ok. Nothing else is.

AJC211

ThisIsWeird said:

Calm!
You need to allow for, and be ready to accept, the original alternative, that of upgrading the existing system as it currently lies.
Or, each to your own system - with no crossover.
That's it - kiss.
Both are ok. Nothing else is.

Yes! Exactly this. Thank you ☺️

AJC211

Drum roll please….actually don’t bother! Another frustrating update.

Neighbour A insisted I respond in 2 days to his email. I did. I received nothing in reply. Not even acknowledgement. Rude. But also lovely to have some peace 😂

5 weeks later, I get an email from Neighbour A saying Neighbour C will soon be getting a new system (it’s a fairly easy off shoot from
the existing shared system that’s in their garden). Neighbour A is hoping to join their system. 

Neighbour A says he will “insisting on [his] current easement…as it pertains to the existing pipe work granting [him] access across [my front garden] from [his] property to the land of [Neighbour C’s property]”

I’m getting legal advice. Slowly. It might take 5 weeks. 

My take on things: If we replace the existing system, the old easement stands. If we get new system(s) in ANY form, then the old easement dies a death, so he doesn’t have easement rights across my land 🤔

He has requested a face to face meeting I presume because he’s come up with another plan for a shared system and wants to walk through my land with me to show me where he wants it 🤔🤷‍♀️