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Septic tank is on my propery

Discussion in 'Other Ownership, Use & Privacy Issues' started by An Idaho Farmer, Jun 19, 2019.

  1. An Idaho Farmer

    An Idaho Farmer Law Topic Starter New Member

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    This gets long-sorry in advance!

    We bought this place in 1995 from a local RE agent who had purchased the entire farm (~160 acres) from the original owners. He divided up the farm ground and and we purchased the house, dairy barns etc and ~8 acres, in the early 70's their son (our current neighbor) was given .19 of an acre to build a house with the plan that he would keep dairying. He didn't and married a Mormon girl. He and the parents never spoke again. My neighbor is now 77 and his wife passed away a couple years ago and he wants to sell the house. And both of his parents passed away as well. As a matter of fact his parents were quite wealthy and my neighbor was left $1.00 (yeah one dollar) in their will.

    Here are the problems: last month I pulled the septic permits for his property and it is entirely on our property. In 1988 he had a new drainfield installed (the permit I pulled) he had this installed 18 years after he built the house. According to the neighbors he waited until his parents were traveling because he knew it couldn't be installed on his property as the District Health Dept requires a minimum of one acre to support the drain field. The current inspectors surmise that he just lied on the application as even in 1988 it states the codes involved and one is that you represent that it is all on your property.

    My question is: should I even bother with an appraisal? Should I just get a lawyer? Now that I know that his septic system is on our property don't I have to disclose it? Seems like that was some of the questions my mortgage company asked like buried fuel tanks and any sewer disposal systems on the property other than he one that goes to our house. If I didn't buy his place and add land to it I may have opened a can of worms. But at the same time I can believe anyone would buy it under these conditions. I would think i has a clouded title. Any input would be appreciated!!

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