Legal Question in Wills and Trusts in Virginia
Who gets the septic system? & where does the line go?
Question 1,
One piece of property owned by one person contains two buildings both with septic systems installed, however only one is in use, call it A. Building B's system is not being used and A's system goes out so A connects to B's system and all is well until the owner of both dies and leaves a will separating the property.
B's drain field with A attached is in apox. the center of the two property's. The will doesn't say where the new property line is to go or who gets the drain field?
Who get's the drain field? The property it was originally installed for or the one that used it to
avoid installing a new one?
Question 2, Because the two properties have different uses one being a residence and the other being commercial should the dividing line be 50/50 to each or should it be divided so as to give each part enough so it may be used for it's original intended purpose?
1 Answer from Attorneys
Re: Who gets the septic system? & where does the line go?
Not having seen the will, I can't really give you a definitive answer, but this is a situation that clearly calls out for cooperation between the two beneficiaries. There will probably have to be a deed of subdivision filed with the county, showing the division of the property, and it should be done in such a way as to preserve the drain fields for each lot. Absent a negotiated agreement between the parties, it may be necessary to pursue a partition suit to physically divide the property, and those suits are lengthy and expensive.
Work it out!
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