Septic Tank & Cottage with 0.1 Acres - Percolation Area etc...

[ted123]

I've noticed a small cottage for sale which has a total site area of

0.1 acres. It has a septic tank, and apparently there are no mains sewerage services in the area, though there is mains water.

Unfortunately the septic tank is located on someone elses land as the site is quite small. The land on which the septic tank is located is not for sale. Though there is a right of way in order to access the septic tank.

I was just wondering if anyone here had any opinions about this?

Obviously it's not great having the septic tank located on someone elses land. As the site belonging to the cottage is just 0.1 cares I don't think this would be large to accomodate a septic tank and the percolation area so it looks as if it would have to remain on the other persons field.

Unless anyone here knows of any septic tanks that don't require large percolation areas...or if anyone has any other ideas...? Thanks

[Phil L]

Why would you *want* a septic tank in your garden?

Considering it's out of the way and you have right of way for maintenance etc, why change anything? - it must have been like this for many, many years before.

[hzatph]

This is really one for your solicitor (to check that all necessary rights to access and maintain are in place) and for someone to check that it is all workign properly. If everything is fine then no great concerns. Modern systems such a biodiscs can produce a cleaner effluent but are expensive and need electrical power. There are rile son how close to propertise septic tanks can be so you may not have room inside the plot for a new one on your land. With regard to area, it all depends on the local soil conditions.

Use it as a negotiating lever if you are interested.

[ted123]

I was wondering, even if there is a formal right of way which has been proven and verified by a solicitor, is it still possible that the owner of the land on which the septic tank is situated could in the future legally require the owner of the septic tank to remove the septic tank from his land?

What I mean is, even if there is a legal right of way to the septic tank whilst it is located in the other persons field, could they legally require it to be removed and therefore leaving the cottage without a septic tank?

[Phil L]

No, a right of way is just that and is often written into the deeds as a 'covenant'...I'm not 100% sure on the wording or legal jargon but it basically means that access to the septic tank (or whatever) is part and parcel of the house - if he sells it next year or even in 30 years, it's still in the deeds and whoever buys it cannot change it.

If you look into it, you'll probably find that the cottage and it's 0.1 acres were originally on (the farmers?) land and he has willingly supplied the site for a septic tank so that the cottage could be sold, it's a common occurence in the countryside!!

This would be better off posted in uk.legal BTW

[dom]

Two things, get a solicitor to check the legal status of the right of way. Get a drainage engineer to checkout that tank for you - unless you know how to yourself. I'd consider that at least as important as a survey. I had an extremely expensive fix-up on a cottage I bought off a little old lady that assured me all was well ("Only needs desludging every 6 months", failed & backed up in 3 weeks, pump-out guy says "Oh yes, it's wrecked, she had me round every 2 weeks").

[Peter Crosland]

It is almost certain that there is also the right to drain into the tank and there should also be the right to construct a new tank and or soakaway. If there is not then it is a non starter. In fact you would not get a mortgage on the property anyway.

The modern treatment plants still require soakaways the size of which is determined by a formula set by the Environment Agency. It is determined by the volume of treated effluent that will be discharged and the speed of percolation through the soil.

I have a similar situation but in my case there is an easement that allows the right to drain into the tank, access to the tank and most important the right to construct a new one and the associated soakaway. The size of the soakaway required depends on the speed of percolation through the soil. What I did was install a subterranean treatment plant in my garden and construct a new soakaway in the orchard where the old tank was. Due to ever tighter regulations you are very unlikely indeed to get permission for another septic tank because it will not meet the discharge limits. You will need building regulations permission and a discharge consent from the Environment Agency. The latter will require percolation tests before the give consent and you will not get building regulations permission before the EA discharge consent.

Peter Crosland

[The Natural Philosopher]

A Klargester Biodisc does not require a percolation area - you can discharge straight into a water course or ditch - and can be fitted in about 2 sq meters of land, but it SHOULD be IIRC 15 meters from the house.

And within about 50 meters of the tanker that empties it.

About 5-8 grand fitted, depending on site details.

[The Natural Philosopher]

Generally the legalities will be - and should be - written up in such a way that this is not the case.

There is a name for the legal situation..Its fairly common. But I forgot ;-)

[Christian McArdle]

Yes, a Klargester Biodisc, which you many get a permit for to discharge direct into watercourses, if you're lucky.

Christian.

[dom]

That was the fix-up I ended up with, once we found the discharge field was choked. AngliaPolution Control retrofitted a shield, aerator and air lift pump into my existing septic tank, got me an Environment Agency certificate to discharge into a watercourse, and worked the discharge pipework into existing drains. Bottom line 2.5K raher than 7K for a new digestor to be fitted.

[Peter Crosland]

Out of interest how long ago was this?

Peter Crosland

[Steve]

Grab the title register for the cottage and the adjoining land where the tank is located from

Any ROW and restrictions should be listed.

Steve

[The Natural Philosopher]

I installed my Biodisc - without any pumps - for about 7 grand from green field to working in 2002 or 2003.

Fortunately the fall from the house to the tank and from the tank to the ditch was adequate.

Although ISTR a certificate being needed, it was a total formality - these units are cleared for discharge into any water course.

Compared with the original tank - a three chamber brick thing, which stank at the outflow, this is totally whiff free. Apart from the time the pulley fell off the shaft and it stopped working. Which prompted me to lift the lid and see why...and also to get the guys in to empty it. After 3 years it wasn't even half full...