Legal Question in Real Estate Law in Massachusetts

I am looking at a forclosure property that has a an abutter's cesspool on the property, without deed. It is a failing system and the board of health is aware. The abutter is in pre-forclosure.

If I purchase the property, what are the risks and how and who will pay for that cesspool to be removed?


Asked on 2/15/11, 5:14 pm

1 Answer from Attorneys

More information is needed to accurately answer your question. If the cesspool is not on your property but is causing a nuisance by draining onto your property, you can seek a local order from the Board of Selectmen, Board of Health or Building Dept to require the owner to repair the cesspool.

You need to have a title search of the property and determine exactly what rights you or your neighbor have in the cesspool or what other easements or restrictions on the property you want to purchase.

If there is an agreement on record as to who is responsible for the cesspool that information will be beneficial to know.

Once you have a title search done you can determine what rights you may have with regard to the issues which you have concern.

If you need assistance please feel free to contact me without obligation.

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Answered on 2/15/11, 6:43 pm


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