Goodview, VA asked in Real Estate Law for Virginia

Q: If you buy a house and another house is hooked to the Septic without conditions can we disconnect from the other house

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2 Lawyer Answers

A: I'm assuming the septic pipes and tank are on your property. Obviously, you cannot trespass to disconnect another person's house from his own septic system. It would be a very good idea to start with a title search to look for easements to access the septic system on your property. For safety, I'd call up anything from the time the property was developed until the present. Next, I'd check any other sources of history. If the septic connection is more than 21 years old, it may have been ceded by adverse possession, but if the connection was by consent, then it wasn't adverse. The actual test is much more complex, and a lawyer's reading would be a very good idea. Next, I think you need to issue a demand letter giving the owner of the other property the chance to provide evidence of their claims of right to your property. Give them some time to research it, as well, because cutting off a long-standing septic connection that is rightful is going to lead to a very nasty and expensive lawsuit. Finally, I would suggest a mediation to see if you can reach agreement giving the other homeowner a chance to re-design their septic or reach an agreement to pay you for the easement and define conditions for the easement. Since the matter is unlikely to escalate to litigation, at least initially, a real estate lawyer licensed anywhere in Virginia will be more suitable than a litigator in Goodview.

A: You question leaves out a lot of information that is needed for us to provide an answer. Whose land is the septic system on? If you disconnect your house where would your effluent (sewage) go? Your question says 'without conditions' - do you mean easement? Do you have title insurance? Have you had a title examination done?

This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

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