septic on neighbors land - FHA

[StephHigdem]

It's always something... ever come across a property where the septic is in the neigbors field? On an FHA request no less? I've already sent an email to the client asking how they would like me to proceed, but I'm curious how you all would handle this.

 

[CANative]

They would need a protected easement for access and maintenance. I've had a couple of these but I can't remember specifically if they were for FHA. Seems to me a matter for the DEU. Is it feasible to install a septic on the subject property's lot or connect to a sewer?

 

[Dave Fitch]

Similar Situation

A homeowner's well went dry, and after a couple of dry holes, the adjoing neighbor said he didn't mind if they tried drilling over on his property. They hit a good flow of water and plumbed it to the first homeowner's house. Each property was approximately 2-Acres in size. All they had was a gentlemen's agreement, that as long as they both were living there, this was not a problem. Finally about 10 years later the first owner wanted to move. Both neighbors decided an appraisal would be needed so that this piece of land, I want to say 30' x 30', could be finally attached to the other property so that the house would have it's own well. Both neighbors had agreed upon doing this from the beginning, and wanted an outside opinion of what this piece of real estate would be valued at, so that they could conclude this situation. The piece of land was land-locked by itself, but was very valuable to the one neighbor who needed a well.

 

[Dave Fitch]

Community Septic Field

There is one sub-division in Indianapolis of fairly pricey homes where all of the septics are in a large field. Because of the odd and hilly terrain, every lot's sewage goes by gravity flow down to probably a 5-Acre community septic field. There is some sort of septic easement and maintenance agreement, that all the homeowners abide by. Apparently the local Board of Health approved it, and as far as I know it works fine. No one has a septic system on their own property.

 

[Restrain]

The key is an binding agreement for usage, including access to and maintenance of the system. If it's a "gentleman's agreement", then the gentleman owning the land can sever it at any time.