Septic Easement transfer in title

[jus915]

Jurisdiction

South Carolina

I purchased a piece of land with a recorded septic easement on the adjoining property. We were about to close on the construction loan but the attorney said that the septic easement wasn't transferred properly. Our deed gives the points of our land, then at the end says see plat book XXX page XX for more information, specifically the septic easement with the adjoining lot. We are now waiting on the previous owner to sign something(I'm not sure exactly what) before we can close and begin construction. Basically, I wanted to see if a septic easement should transfer with the property automatically or something else is needed now. Our current attorney said it was a technicality that he needs the signature. The adjoining lot mentions the septic easement in their recorded deed also. What if the previous owner fails to sign? I thought the easement automatically transferred with the property.

 

[army judge]

What if the previous owner fails to sign?

If the other party refuses to sign, which he or she would have the absolute right to do, you will no longer be able to leave your septic tank on his/her property.

You most likely will end up being charged by the other party for removing the tank and lawn repairs.

I suggest you discuss EVERYTHING about your legal predicament with your attorney.

Good luck.