leach lines

I am wanting to purchase 3 acres in INDIANA, i was informed that the leach lines cross over to a different property, which is 23 acres and was partially owned by the person im purchasing the 3 ACRES from.. the 3 ACRES once had a mobile home on it. but doesnt anymore. There is a good chance the 3 ACRES will not pass a PERK test. are there any options for me as to like a GRANDFATHER CLAUS or am i out of luck..

bwj4242 said:

I am wanting to purchase 3 acres in INDIANA, i was informed that the leach lines cross over to a different property, which is 23 acres and was partially owned by the person im purchasing the 3 ACRES from.. the 3 ACRES once had a mobile home on it. but doesnt anymore. There is a good chance the 3 ACRES will not pass a PERK test. are there any options for me as to like a GRANDFATHER CLAUS or am i out of luck..

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I suggest you seek a consultation with a licensed Indiana attorney specializing in real estate law.

bwj4242 said:

I am wanting to purchase

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Meaning you haven't committed to purchasing it yet?

Then you for damned sure need an attorney.

Or, just walk away from the deal.

So you want to purchase three acres..... which has leach lines running to an adjacent parcel, from which the three acres has been split from. Is the leach system a result of the mobile home?

Would this be correct so far?

There may well be an easement by implication for the leach bed. As has been suggested, you will need a local attorney for advice on this matter. Why do you think three acres would fail a perk test and be unusable for a building site?

Good Luck!

bwj4242 said:

I am wanting to purchase 3 acres in INDIANA, i was informed that the leach lines cross over to a different property, which is 23 acres and was partially owned by the person im purchasing the 3 ACRES from.. the 3 ACRES once had a mobile home on it. but doesnt anymore. There is a good chance the 3 ACRES will not pass a PERK test. are there any options for me as to like a GRANDFATHER CLAUS or am i out of luck..

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You are going to have a problem in getting an implied easement by prior use or one by necessity because the use of the leach field was for the benefit of the mobile home which is no longer there.

The Indiana courts put it this way:

Stated differently, an easement will be implied where (1) there was common ownership at the time the estate was severed; (2) the common owner's use of part of his land to benefit another part was apparent and continuous; (3) the land was transferred; and (4) at severance it was necessary to continue the preexisting use for the benefit of the dominant estate. Whitt v. Ferris, 596 N.E.2d 230, 235 (Ind.Ct.App.1992). The owner of the dominant estate does not need to show absolute necessity, but there still must be some necessity shown. Id.

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Hysell v. Kimmel, 834 NE 2d 1111 - Ind: Court of Appeals 2005 - Google Scholar

The three acres you are interested in is the dominant estate and the 23 acres is the servient estate. If the mobile home was on the 3 acres when the parcel was divided and the necessity for the leach field was there because the mobile home was there you may be entitled to an implied easement. But without the mobile home, there is no continuing necessity.

You could have the parcel you are interested in PERK tested before you buy it. And it is good advise to have an attorney review the history of both parcels.

bwj4242 said:

i was informed that the leach lines cross over to a different property

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Informed by whom?

bwj4242 said:

which is 23 acres and was partially owned by the person im purchasing the 3 ACRES from.

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WAS partially owned? As in: at some point in the past, the guy I'm buying from used to own this property, but he no longer does?

bwj4242 said:

There is a good chance the 3 ACRES will not pass a PERK test. are there any options for me as to like a GRANDFATHER CLAUS or am i out of luck.

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NOT buying this property is an option. Right?

As the others have indicated, proceeding with this transaction without advise and assistance from a local attorney would be a terrible idea.