Advice Required - Land Soakaway Issue

[YelloA4]

I was hoping I may be able to get some advice on a subject which I am not 100% sure about.

I have a family member who built a house 30 years ago and at the time installed a soakaway in his field next door for the septic tank. Now many years later, the house has been sold 20 years plus0 and there is an issue with the soakaway leaking untreated sewage into his field. However, I also now may have an opportunity to develop said field where the soakaway sits and have obtained outline planning on the land.

Obviously the soakaway is of concern and needs sorting before anything can commence. I believe this would be the responsibility now of the house owner especially as it is not working correctly and causing an environmental issue. Is this correct? If so, what would be the best course of action to get it dealt with?

If I am not correct, what options would you consider to remove the problem?

Thanks in advance, any assistance would be gratefully received.

 

[lookinginvest]

This issue must be the responsibility of the homeowner? All you can do is ask them to rectify the problem, I am sure the local authority would be keen for a resolution as well, and then buy the land from them. I don't think you would want to buy land with the ongoing issue. Where will they put the septic tank if you buy the land?

 

[YelloA4]

The land in question is not connected with the house. The house was built by the original landowner but sold years ago. At present he owns the land and someone else owns the house which is where the confusion begins.

I am of the same opinion that it is the homeowners responsibility even though it wasn't them who installed it (you buy the responsibility for everything connected with the home) and I am pretty sure one call to the Environment Agency would get it sorted but I am not wanting to get the neighbours back up, just want it resolved quickly and painlessly.

I am happy to contact the homeowner and discuss it with them but I want to make sure I know the facts before I do. I am guessing the options for them to be to dig a new soakaway in their garden or to replace the septic tank with a treatment plant/biodisc with an overflow outlet into the drainage ditch in the verge. Both of these involve costs that I am sure they won't be prepared for though!

 

[PostBrexitInvestor]

You are spot on. Put it this way:-

If I buy a car and it breaks down, it is my responsibility to fix it

 

[YelloA4]

My real query I guess is, ideally I would like the soakaway off the land as it's located exactly where I would have placed a property. Would they be expected to repair what already exists or would it be reasonable to request they move it/replace it with a different system?

Thanks, any advice would be greatly appreciated.

 

[lookinginvest]

What rights are written into the land deeds regarding the soakaway?

Is this something you have looked at yet?