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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37063
Experience:  16 years real estate, Realtor. Landlord 26 years
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We bought our house and 5 lots with it. When the house was

Customer Question

We bought our house and 5 lots with it. When the house was built they put in a 2 bedroom septic system for a four bedroom home. We live on a lake with a steep driveway so all the septic lines have to run up the hill. Sewage starting running in our yard. We had to sue the owners to fix it but had to encroach 2 of our lots at the top of the hill and across the street. We still pay taxes on those lots. Our house is now in foreclosure and is going to be sold. Will the new buyers have to buy those 2 lots from us.So they will have proper septic. I sure am not going to continue to pay taxes on lots that were encroached to service this houses septic system. The lawyers that are selling this house have no idea of this problem. What should I do. Thank you. Lisa Rooker
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Will the new buyers have to buy those 2 lots from us.So they will have proper septic..Legally this is unlikely because if the septic was installed on those lots, then there would be an "implied easement by necessity" on them that would allow them to continue using them for their existing purpose. If you were to cut off any new owner's use of those lots, they could file a "quiet title" action based on an easement by necessity and it is very likely that a judge would enter a permanent easement allowing the owner to continue to use the underlying land for the septic..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister