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

Grumpy_chap

kbj2010 said:

we'd not want to destroy our garden to link into it 

If you can get the Developer to link your house to the new public sewer that will serve the new estate, that is a real win for you.  The Developer should be able to reinstate the garden to how they found it, and you can make that a condition.  You will find life a lot easier and cheaper in the long run if connected to the public sewer and quite likely easier to sell the house when the time comes.

Grizebeck

New sewer connection plus an amount of £....

silvercar

If they are making this offer, they must think it will have a big impact on their ability to sell the houses. Start thinking big!

RHemmings

I would be tempted to ask the developer to make the first offer. 

Emmia

kbj2010 said:

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?

OP after the 36 years is up, what was/is the plan for future sewage disposal? Does your neighbour want to connect to the sewer, and get rid of the tank on their land? But if they want to do that, and you don't also connect, you'll probably end up (whatever the deeds say) having to put the tank/treatment plant on your land (paid for by the developer).

It might be something you've not thought of as you don't expect to be there in 36 years, but the more that time ticks down, the more likely it is that it will be an issue for a purchaser - either putting them off completely, or only giving you low ball offers.

Connecting to the sewers at that point may no longer be possible due to the development, or would come at high cost to you/future owners. 

I realise you don't want the disruption of having your landscaped garden ripped up (even if the developer puts it all back afterwards), but it might be a case of short term pain, for medium/long term gain.

ThisIsWeird

kbj2010 said:

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?

Could you clarify, please?
You currently discharge 'seepage' on to this land? Into/onto what - a soakaway? A ditch? The surface? And this developer is suggesting what as an alternative - they surely cannot just be asking you to magically 'stop'? So, have they suggested an alternative?
How old is your shared ST?
It seems likely that at some point, almost certainly waaay sooner than the remaining 36 years of your right to 'discharge', your current setup will either become faulty, fail completely, or will be deemed no longer acceptable by changing Environmental Health standards - and it will need to be replaced. When this time comes, you will not be permitted to replace it with another ST, but instead either a Treatment Plant which will discharge effectively clean water into a buried soakaway either on your own land, or just beyond your boundary on this developer's land (according to your deeds), or, you will be 'expected' to connect to the main sewer. Either way, I expect this to no longer cause either a visual or 'emotive' issue to the developer, so their concern over your current ST will end at this point. But your new TP, or mains connection, will be very costly to you. This is your current future - a £15k+ bill.
Even before then, if your joint ST discharge is deemed excessive at any point, action can (and will) be taken against you. It seems as tho' the developer is currently only concerned about the 'emotive' impact of your ST - that it could be off-putting to potential buyers - and not by its practicalities. Because, as soon as it becomes a 'practical' issue, then almost certainly you and your neighbour can be forced to address it. Again, a £15k+ bill.
So it looks to me that, realistically, your window of being able to maintain the ST status quo could be - almost certainly will be - well short of 36 years. And it'll then cost you and your neighbour.
If the above summation is accurate, I'd personally be looking very closely at what the developer is offering as a solution. I'd hope it would be free connection to their new mains, a full restoration of any damage caused, and any sum they may wish to offer on top - even token.

Consider what they will most likely do if you don't agree; I suspect shrug, and then dig a soakaway as close to your boundary as they can to take the discharge. No longer a practical issue for them, but - yes - potentially still an emotive one for some of their house buyers. You will continue to have a future outlay of £15+k to handle at some point - and that point could occur at any time. The moment the developer detects an excessive discharge, you'll be stuffed.

Anyone who has a ST, will know there is a big £ill a comin'. This could be your get-out. Grab the jobbie with both hands.

silvercar

Consider what they will most likely do if you don't agree; I suspect shrug, and then dig a soakaway as close to your boundary as they can to take the discharge. No longer a practical issue for them, but - yes - potentially still an emotive one for some of their house buyers. You will continue to have a future outlay of £15+k to handle at some point - and that point could occur at any time. The moment the developer detects an excessive discharge, you'll be stuffed.

Maybe that soakaway near the boundary would be the place that the developer wants to position a house. Soakaways get blocked up and only last, say 8-10 years, at which point a new one would be needed. Maybe their planners feel that it isn't safe to build on what could be contaminated land. Is there a chance, that the deeds of that land prevent them over developing it, precisely because it has to be available to take the flow from OP? I think they must have a good reason for making the offer, other than worrying a search from a potential buyer could throw up that the land maybe nothing more than an ideal place to plant roses!

silvercar

Could you clarify, please?
You currently discharge 'seepage' on to this land? Into/onto what - a soakaway? A ditch? The surface? And this developer is suggesting what as an alternative - they surely cannot just be asking you to magically 'stop'? So, have they suggested an alternative?

I think OP has the right to discharge seepage, not that they do so.

It doesn't matter where it goes, OP has the right to discharge it there. It may be up to the landowner to decide whether to build a soakaway/ ditch/ surface drainage. 

ThisIsWeird

silvercar said:

Could you clarify, please?
You currently discharge 'seepage' on to this land? Into/onto what - a soakaway? A ditch? The surface? And this developer is suggesting what as an alternative - they surely cannot just be asking you to magically 'stop'? So, have they suggested an alternative?

I think OP has the right to discharge seepage, not that they do so.

It doesn't matter where it goes, OP has the right to discharge it there. It may be up to the landowner to decide whether to build a soakaway/ ditch/ surface drainage. 

I'm sure it matters what it is.
Of course we don't know the full story, hence me asking the OP to confirm a few points.

ThisIsWeird

silvercar said:

Consider what they will most likely do if you don't agree; I suspect shrug, and then dig a soakaway as close to your boundary as they can to take the discharge. No longer a practical issue for them, but - yes - potentially still an emotive one for some of their house buyers. You will continue to have a future outlay of £15+k to handle at some point - and that point could occur at any time. The moment the developer detects an excessive discharge, you'll be stuffed.

Maybe that soakaway near the boundary would be the place that the developer wants to position a house. Soakaways get blocked up and only last, say 8-10 years, at which point a new one would be needed. Maybe their planners feel that it isn't safe to build on what could be contaminated land. Is there a chance, that the deeds of that land prevent them over developing it, precisely because it has to be available to take the flow from OP? I think they must have a good reason for making the offer, other than worrying a search from a potential buyer could throw up that the land maybe nothing more than an ideal place to plant roses!

Maybe indeed.