Legal Question in Real Estate Law in Connecticut

Septic tank location

our septic tank is buried on our neighbors property, this was done before the land was subdivided by the original owner. Do i have to move the tank?


Asked on 7/10/08, 1:51 pm

1 Answer from Attorneys

Diana Bartolotta B-Law LLC

Re: Septic tank location

It depends. When the original owner subdivided the land (especially considered he installed the septic tank), he might have included an easement, allowing you to keep your septic tank there.

Look on the land records at your local town hall to see if you have you the right to have your septic tank there. It'll be in the legal description of the property, and the town clerks are generally in helping local people find things.

Depending on the length of time that the septic tank has been there, you also might have a prescriptive easement under an adverse possession theory.

Or, if you have no easement under any theory of law, you have no legal right to keep the septic tank there, and you would have to take it out if he asked you. You could also then negotiate to create an easement in exchange for giving him something, and keep the septic tank there.

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Answered on 7/10/08, 8:44 pm


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