Septic Tank on adjacent property

[Melissa Allen]

Jurisdiction

Alabama

Our septic tank lies on the land behind my house that used to belong to our family but has since been sold. Our septic tank had started overflowing and the current landowner asked us to fix it and to do whatever it would take to do so, and we did. He has since come back and said the doesn't like the way it was done and so we'll have to have a new septic tank put in on our own land. We've already spent so much money fixing the problem and it seems like there should be some type of law against us having to move it since the septic tank has always been there.

 

[army judge]

I suggest you contact an attorney and discuss the matter with him or her. You may have an easement allowing the tank to stay. You may be allowed to leave it be under the doctrine of adverse possession.

Talk to two or three attorneys, the first visit is often at no charge.

Read your deed, as it might mention the matter of the easement for the septic tank.

Unless he sues you, you might not have to worry. If he does sue you, you'll need to know if one of the two options I discussed apply. If neither of them don't apply, you'll probably be ordered to remove the tank. That'll make it even tougher for you. To avoid that, you might try making nice with the owner of the land where your tank is buried.