Developer wants to buy us out of our septic tank seepage right on their land.

kbj2010

A development of 92 high end houses has been approved in the fields next to our house. In our deeds we have a right to discharge seepage from any new septic tank installed onto the development land (which has 36yrs left to run). Currently the septic tank we use is shared with our neighbours and installed in their garden. The developer has approached us to ask if we'd be prepared to give the right up (for monetary compensation + our legal costs covered). They're concerned it will affect the ease of selling the houses when it comes up in the searches and people may not like the idea of seepage draining onto the development.

We're not sure if it's a right we should be giving up and if we do how much is it worth?

user1977

Probably one to ask a surveyor about (in relation to what it's worth). Do you have an alternative solution for your drainage?

Emmia

Could you get the developer to install a new system (at their cost) removing the need for seepage? Potentially one each for you and your neighbour. Will the new development be on the mains sewer? Could you get connection to that via this development?

pinkshoes

It's worth whatever it's going to cost to have your own individual septic tanks installed.

There was a post on here recently about the costs of this and changes in regulations. 

I'd be wanting the cost of an individual system (not shared with your neighbour) and any "additional" yearly running costs over what you would have paid for the next 36 years equivalent in cash.

If they're building 92 high end houses then there should be plenty of potential cash in their pockets!

400ixl

Will the new development be attached to the main sewage network? Maybe the solution is they connect you to it as well so the current septic tank becomes redundant.

Emmia

400ixl said:

Will the new development be attached to the main sewage network? Maybe the solution is they connect you to it as well so the current septic tank becomes redundant.

I doubt the occupants of 92 high end houses are going to want a treatment plant or septic tank arrangement...  So sewerage must/should be on the plans... 

kbj2010

Sorry I don't think my post was 100% clear. Currently we share a septic tank with our neighbours, but the deeds put in place that if in the future we decided to install a septic tank in our garden, that we could discharge any seepage onto the field next door (farm land at the time of this being put in place). Right now we don't need a septic tank of our own but if in the future our neighbours decided to extend there may be a need, as the current tank would not be adequate for both properties. Seepage on our own land would mean digging up a lot of the garden which has been landscaped. So essentially we're giving up a right for something which may or may not affect us, but would have expensive implications if it did and we no longer had the right to discharge on to their land.

kbj2010

The new development has it's own sewage arrangement but we'd not want to destroy our garden to link into it and would probably be a lot more costly for the developer than compensating us to rescind the right to seepage.

Emmia

kbj2010 said:

The new development has it's own sewage arrangement but we'd not want to destroy our garden to link into it and would probably be a lot more costly for the developer than compensating us to rescind the right to seepage.

But whilst disruptive this is probably the cheapest way of getting on the public sewer, avoiding the need for any tanks, treatment plants or seepage. That will make your property more attractive if/when you sell.

It might cost the developer more, but that's not your problem and the costs of this would be shared out across the 92 properties they're building.

Edit: installing your own septic tank/treatment will also presumably wreck the landscaping.

YBR

At face value, in this situation, I'd take the opportunity to have developer pay for connecting my house to the public sewer and reinstatement of the garden. Not having to maintain a septic tank, or indeed be reliant on someone else's would be a good way to go.

Albermarle

kbj2010 said:

The new development has it's own sewage arrangement but we'd not want to destroy our garden to link into it and would probably be a lot more costly for the developer than compensating us to rescind the right to seepage.

That is their problem. Personally I would insist that they connect you to the main sewer.
There are many threads on this forum about problems with septic tanks, especially shared ones, and the issues putting buyers off.
Getting connected to the sewer solves all these issues. Plus you are not arguing about level of compensation.