Septic Tank- Bully Farmer

[Mike25]

My parents, both pensioners have lived at their current address for 30 yrs. Their septic tank is in a field behind. 2 yrs ago a farmer rented the field to plant barley. Since then, the septic tank, lids were ripped off and broken, had to be replaced, the fence around the tank was mowed down and this morning a loader pushed a big pile of rubble up against the location of the tank. The farmer is a well known guy about the town, in fact one of the biggest milk producers. When i spoke to him last year about it, he said get the soakaway fixed, it ruined his crop. I said the soakaway broke because his heavy machinery broke it, which it did. He said dont accuse me unless you have facts. We never had a problem with the tank before, now it backs up. Farmer has been trying to embarrass my parents into getting the tank moved however this would cost 5k.

Any recommendations on my next step?

Thanks

[davebro]

Doesn't sound like an ideal arrangement having a soakaway in a field growing crops for consumption. Maybe it would be better if the tank could be relocated on their own property.

[Mike25]

That would be the ideal situation, at whose cost?

[Mike25]

Considering the tank has been in the field for 80yrs with no issue

[The Builder]

The "money-no-object" solution, Mike, is to do away with the tank etc.
Install a mini treatment plant inside their own garden. These need no soakaway since they discharge ordinary water.

Prices have come done a lot over recent years. 2k for most dwellings.
Plus cost of excavations and electrical work/connections. I would have thought that 5k would be more than enough if it came to it.

Otherwise... it's all legal wrangling. They will doubtless have a right/easement in their title to enjoy uninterrupted use of the current set-up.
The farmer/renter is legally obliged to recognize this... whether he likes it of not.

If the system has been there for 80 years. I honestly think I would replace it anyway.

[The Builder]

I always try to be pragmatic in these situations Mike.
The renter is in the wrong, but pursuing it legally will be messy, result in a neighbour dispute, and likely result in legal costs amounting to very nearly the cost of putting in a new unit.

An 80 year old system is likely to be virtually useless, greatly reducing the value of the property.
Going "independent" will enhance the property's value.

Let the grumpy old sod have his field back so your folks can get on with their lives. While this all goes on, they are more or less living in a property with no proper drainage system.

[Prudie]

Out of interest who owns this field - your OP suggests the farmer started to rent it 2 years ago and presumably not from your parents?

[AuntPollyGrey]

Firstly, your issue is with the Landowner, not the farmer who is renting the land. You should address your concerns to the Landowner.

If the tank is 80 years old, it would probably need replacing anyway. It will be an old brick lined system with two tanks, very unreliable and prone to flooding, blocking and spewing out contaminated sewage. They also need soak-away, usually a herringbone construction that can get damaged by heavy farm machinery.

Even if your parents have the right to dispose of waste into the tank, the legal fees to assert this would far outweigh the amount of money to change the system to what The Builder described.

Also, should the house every have to be sold, the fact the septic tank is on someone else's land will impact negatively on the Sale, especially if there has been disputes over it.

[brainiac]

I think The Builder has given excellent advice. The money your parents might eventually spend to try to resolve this by going down the legal route would likely be more than the cost of a new system; and any dispute would have to be declared should your parents (or you, later) come to sell the property.

[tamborine]

The farmer has bought his land with an 'easement' (for your septic tank usage) which is legally your right. Take him to Court or he pays for your main drains.

[Mike25]

Thanks for taking the time to answer. Maybe paying to move it is the only answer.
The farmer wins, using his bullying techniques.
I will ask the land owner to spilt the cost.....see how that goes.

[brainiac]

Here's one example of what TB suggested:

https://biorock.co.uk/

[tamborine]

NO dont give in. Small claims Court can sort it & it might cost the farmer all his property if he ignores a legal easment.

[Canary42]

Instal your own system as per Builder's advice then tell the farmer that unless he contributes towards the cost you will report him for selling contaminated crops.

[teacake44]

13.36 Don't give in? that's when it starts costing the earth, and solicitors start clapping there hands. Do as builder says, giving in is the best way forward, or look at another way, not giving in, making a sound investment for future sale as already been said. Hope you Winnie the pooh. :0)

[Canary42]

P.S. It might be useful to explore whether an Improvement Grant of any kind is possible - just a thought, other Abers may be able to enlighten us.

[Prudie]

I know absolutely nothing about septic tanks nor land and drainage laws but surely there is something in the deeds about this, how could the main waste drainage for a property be located in land that belongs to someone else without there being some protective clause about it? Surely it was always going to be an issue unless this had been thought of at the time?

[AuntPollyGrey]

Why waste money fighting in Court for the right to use an 80 year old septic tank that probably needs replacing anyway?

[barry1010]

tambo, a small claims court will only ever award the amount necessary to put things right - in this case the cost of a new or repaired septic tank. The case would be against the landowner, not the farmer.