Legal Question in Real Estate Law in Virginia
Drainfield
We purchased a house in Virginia in September 2010. Prior to the purchase of the house we were informed that the orginial property had been split in half. After closing I found out that via the health department that our septic field is on the property that was split off. The health department was not notified of the split in the land. On the plat that was surveyed approx 1.5 years ago our septic was not placed on the plat. When the property was divided several years ago they did not do the easement. This brings us to current... The owner of the land that contains our septic field wants to sell the property and is trying to get us to move the septic field. I was informed by the health department that we don't have to move it as they won't grant permissions. Any suggestions on how to proceed?
1 Answer from Attorneys
Proceed? Why do anything under the circumstances described (assuming you don't want to move the tank voluntarily) unless you're sued. Then hire an attorney who is experienced and knowledgeable regarding real property and local land use laws to defend you in the suit.