Quizzes & Puzzles1 min ago
septic tank issue
Hi I was wondering if anyone could shed some ,light on an issue we will be facing. We are in the process of buying an old farm house. We are buying the propery from the farmer next door. Our septic tank is in his field ( as they once owned all this land ) its a small piece of land that butts out at the end of the garden. He says he is fine with it being there and they have never had an issue with it. when his mother lived there We are wondering how we stand with all the new rules that have been brough out. As it stands now our wet waste would be distributed onto his land. But if we wanted to sell in ten years time would this not effect us. Or lets say he was to sell his property ( dont think he would ) but the next buyers may want it moved. We have asked if he would sell us a bit more land but he has not decided yet.
Also our garden has spectacular views if he decided to put up a garden shed in this field next to ours could we oppose this is there a hight restriction Thanks for any replys x
Also our garden has spectacular views if he decided to put up a garden shed in this field next to ours could we oppose this is there a hight restriction Thanks for any replys x
Answers
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You need to ensure that the legal conveyancer (or your solicitor if you wish to spend more money than necessary on the transaction) who deals with your purchase ensures he establishes that you have a covenant over the farmer's land to drain into the existing septic tank.
There are no retrospective Building Regs that have been applied to existing septic tanks already in place - only that if the local authority considers one to be a public health hazard, it might put a prohibition order on using it. You really need to have the installation surveyed as part of your full survey - or DIY of you know what you are looking for.
There is no way you can stop him erecting a shed to spoil your views by relying on the local authority Planning Process. Forget a shed - what about a full-blown farm buildings? - these things can be like hangars. Farmers have incredibly broad rights that enable them to apply for and get PP for new large buildings.
If you are serious about this as a constraint, your solicitor needs to establish a legally-binding agreement with the vendor that he will not build a structure on a area that should be attached as a plan - this needs to be part of the contract of sale that you both sign. That is your best legal protection against this sort of thing happening.
PS Don't forget about trees / high hedges - he might get spiteful in the future in put a line of Leylandii in - best cover that angle on the agreement too.
There are no retrospective Building Regs that have been applied to existing septic tanks already in place - only that if the local authority considers one to be a public health hazard, it might put a prohibition order on using it. You really need to have the installation surveyed as part of your full survey - or DIY of you know what you are looking for.
There is no way you can stop him erecting a shed to spoil your views by relying on the local authority Planning Process. Forget a shed - what about a full-blown farm buildings? - these things can be like hangars. Farmers have incredibly broad rights that enable them to apply for and get PP for new large buildings.
If you are serious about this as a constraint, your solicitor needs to establish a legally-binding agreement with the vendor that he will not build a structure on a area that should be attached as a plan - this needs to be part of the contract of sale that you both sign. That is your best legal protection against this sort of thing happening.
PS Don't forget about trees / high hedges - he might get spiteful in the future in put a line of Leylandii in - best cover that angle on the agreement too.
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