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septic easement

Discussion in 'Easements & Right of Way Law' started by connie027, Dec 6, 2016.

  1. connie027

    connie027 Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    My dad owns and lives on a piece of property connected to his mother's property (who has since passed away). She lived there with her other son. When she passed the property became his. He later married and lived there with his wife. He recently passed away. My dad has a septic tank on his property which he allowed his mother to connect to, providing there would only be two people living at her residence. She passed away, then the bother married still making it two people. The septic tank is small and only will afford about 4 people on a regular basis. The brother passed away and his wife moved in 5 other people to her residence..today. This is going to overload the septic system. What can be done? Can the system be severed?

    My dad owns and lives on a piece of property connected to his mother's property (who has since passed away). She lived there with her other son. When she passed the property became his. He later married and lived there with his wife. He recently passed away. My dad has a septic tank on his property which he allowed his mother to connect to, providing there would only be two people living at her residence. She passed away, then the bother married still making it two people. The septic tank is small and only will afford about 4 people on a regular basis. The brother passed away and his wife moved in 5 other people to her residence..today. This is going to overload the septic system. What can be done? Can the system be severed?
     
    Last edited by a moderator: Dec 7, 2016
  2. Disabled Vet

    Disabled Vet Active Member

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    Is there any written agreement?
     
  3. army judge

    army judge Super Moderator

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    As I read your post, your father recently died, but before his death he ended up owning BOTH properties.

    When your dad died, BOTH properties ended up belonging to his spouse.

    What she does with her properties is her business.

    The septic tank could be overloaded, but that's her worry, not yours.
     
  4. connie027

    connie027 Law Topic Starter New Member

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    No, strictly verbal, between my father and his mother before she passed away.
     
  5. connie027

    connie027 Law Topic Starter New Member

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    Ok,sorry. To clarify my post. My father's mother passed away. Her property then went to her other son. The properties are adjacent to each other and share a septic tank located on my fathers property. Then the other son just passed away and his wife now lives there. My father still lives on the property where the septic tank is located. Can he disconnect her line from the tank? My parents are giving me the property the septic is located on, which makes it my business.
     
  6. army judge

    army judge Super Moderator

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    There can be, nor are there ever any verbal or oral agreements concerning real estate anywhere across these United States.

    Why?

    Because of our connection to English common law, and the statue of frauds.

    Any deal made orally, insofar as the land is concerned, null and void.

    Here's a rather lengthy explanation and example, excerpted from this site:
    ...
    ...
    The Statute of Frauds
    ...
    ...
    Statute of Frauds:
    Basis of most modern laws requiring that certain promises must be in writing in order to be enforceable; it was passed by the English Parliament in 1677. In the United States, although state laws vary, most require written agreements in five types of contracts which are covered in this lesson.

    Contracts of Suretyship:
    Contracts to assume the obligation of another person.

    Contracts in Consideration of Marriage:
    A contract under which one party promises something of value to the other party on the condition that they become married.

    “Main Purpose” Rule:
    The rule stating that where a person guarantees the debt of another person in order to satisfy his own personal interests, that guarantee is enforceable even if it is not in writing.

    Usually, oral contracts are enforceable. However, the statute of frauds requires that five kinds of contracts be put in writing in order to be enforceable. If a contract falls into one of these five categories, the contract is “within the statute” and must be in writing. If the contract does not fall into one of these five categories, the contract is “outside the statute” and does not need to be in writing.

    The five categories of contracts that must be written down in order to satisfy the statute of frauds are:

    1) contracts for the sale of an interest in land,
    2) contracts for the sale of goods for $500 or more (under the U.C.C.),
    3) contracts in consideration of marriage,
    4) contracts that cannot be performed within one year of the contract being made and,
    5) contracts of suretyship.

    Contracts for the Sale of an Interest in Land

    Under the statute of frauds, contracts for the sale of an interest in land must be written down.

    The exception here is where an oral contract for the sale of land has been partially performed. If a seller performs his side of the contract by conveying good title to the buyer, the seller can recover the purchase price from the buyer even though the contract is oral. For example:

    Robert and Jimmy enter into a contract in which Robert agrees to sell Jimmy his house for $1 million. The contract is oral. Robert conveys good title to the house to Jimmy. Jimmy tries to get out of the deal, arguing that the contract was oral and therefore, unenforceable under the statute of frauds. In this case, Jimmy will lose and will have to pay Robert the purchase price of the house. Although the contract was oral and unenforceable under the statute of frauds, Robert’s part performance, the conveyance of the title, made the contract enforceable.

    As far as the buyer’s part performance goes, if the buyer either makes a valuable improvement on the land or takes possession of the property and pays part of the purchase price, the contract will be enforceable. For example:

    Robert and Jimmy enter an oral contract in which Robert agrees to sell Jimmy his house for $1 million. After they agree, and in anticipation of moving in, Jimmy has the house painted and has an addition built onto the house which he turns into a recording studio. Robert tries to get out of the deal by arguing that the contract was oral and, thus, invalid. In this case, Robert will have to convey title to Jimmy. Jimmy’s valuable improvement that he made on the land makes this otherwise unenforceable contract enforceable.
     
  7. army judge

    army judge Super Moderator

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    .....
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    You should verify my explanation with a lawyer licensed in the state of MO.

    If the arrangement was never reduced to writing, or isn't appended to the deeds, the accommodation given by your grandparent to your father might have expired upon your father's death.

    However, that answer has a couple of exceptions, which is why you should consult a lawyer in your county BEFORE taking any self help measures.

    One exception might pertain to "adverse possession".

    In MO, there is no one statue that defines "adverse possession".
    Courts in your state use a multi-pronged test to determine if such a claim is valid.
    Again, this is why you need to consult a MO licensed real estate lawyer, so that you avoid being sued.

    An excellent analysis of AP in MO:
    ..
    ..
    Who Can Claim Property Based on Adverse Possession in Missouri? | Nolo.com
    ..
    ..

    Another exception could have to do with the creation of some form of an easement.

    This MO lawyer explains easements for the layperson.
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    Easements: Rights and Obligations of the Respective Parties - Weiss Attorneys at Law
    ...
    ...

    There could some other less common exception, or an exception under your state's health and/or safety codes.

    That's why you must consult an attorney to understand your rights and restrictions, as well as the other party's rights.

    These situations rarely are BLACK and WHITE, or CLEAR as DAY!
     
  8. connie027

    connie027 Law Topic Starter New Member

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  9. connie027

    connie027 Law Topic Starter New Member

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    I will be contacting a local lawyer.. and by the way...2 people in this scenario passed away and none of them were my father.....as stated in the second post I made!
     
  10. army judge

    army judge Super Moderator

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    Mistakes happen, none of us are perfect.
     

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