I have a client interested in a property that sits on 0.25ac. The well is on the property but the septic tank is on the neighbor's property. The neighbor claims he's going to cut the septic off or on some days he says he wants a fee paid to him to keep it on. Anyone ever have anything similar to this happen? Any way to protect my buyers from the septic being cut off? Thanks for the help.

1 Have the neighbor grant an easement for the septic to the current owners not a promise to your buyers on the transaction. Someone might have to pay him for this.

2 Have the current owners move the septic system to where it belongs. On their own property!

I would start with checking title docs to see if an easement is already in place. Maybe there is one and the neighbor is not even aware of it.

If there is no easement, your client's lender will not provide any funding with this present encroachment.

As Ohio said, the current ownners will need eliminate the encroachment if they have any chance of selling their property to anyone.

Well the property is currently in foreclosure, so I don't know how the neighbor could grant an easement before closing. And the lot is too small (according to DHEC) to have both the well and septic tank, so can't move it to the property.

Do a title search. It sounds like there is most likey an easement that allowed construction in the first place.

I kind of like that idea. Instead of having it on your property put it on the neighbors. Seriously though you might try putting that under reo/foreclosure and see if you get some more ideas. I agree check out the title work but that dont necessarily mean that it was done originally up to code. My own property if the water line ever brakes im gonna have a hefty bill. The guy that built this house thought he could build the house next to it and have it share a water meter. Fortunately they made him put in one for the second house but mine is way out in the yard. Im also confused. Which house is in foreclosure. The neighbors or the one without a septic on it?

Get with the foreclosure company or their listing agent and ask them to find out if there is an easement in place. 8 out of 10 times the management company will do everything possible to get the property sold...

had no idea how old this post was...