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Updated almost 8 years ago, 02/24/2017

User Stats

31
Posts
17
Votes
Aaron Desimone
  • Investor
  • plattsburgh, NY
17
Votes |
31
Posts

So I didn't do enough due diligence

Aaron Desimone
  • Investor
  • plattsburgh, NY
Posted
I recently bought a foreclosure house. It is on a narrow lot with a garage on it. While the house was vacant the neighbor came and dug up the leach fields for the house I just bought. He told me it was to detour people from purchasing it because he wanted to. I had thought that there was public sewer so I never thought anything if it (very close to the city). I am starting the process of identifying where the actual septic tank is (probably on the neighbors property from how narrow the lot is, and the angle the pipe is running in the basement). The county health department has no records of there being a septic at all (i assume due to the age of the house, or possibly just not getting a permit). I guess I don't really even know my questions at this point until I find the septic and talk to the neighbor (who has made it clear that they don't want the septic on their property) Any advice?

User Stats

122
Posts
45
Votes
Clayton Plank
Pro Member
  • Investor
  • Jacksonville, FL
45
Votes |
122
Posts
Clayton Plank
Pro Member
  • Investor
  • Jacksonville, FL
Replied

@Aaron Desimone, Start from the pipe exiting the house and dig it back to find the septic. Talk to the city and see where the closest city sewer is located. It may be run in front of the house but the previous owner didn't want to pay to hook into it. If it is not close you may want to start looking at the process of installing a new septic (not cheap). And lastly, would it be worth working a deal with the neighbor and sell it to maybe make a profit or not loss any money and move on to the next one. 

  • Clayton Plank
  • User Stats

    113
    Posts
    91
    Votes
    Scott F.
    • Rental Property Investor
    • Grand Rapids, MI
    91
    Votes |
    113
    Posts
    Scott F.
    • Rental Property Investor
    • Grand Rapids, MI
    Replied

    @Aaron Desimone

    @Clayton Plank 

    has it right, those are your best options at this point. Can you contact the old owner to get more information now that it's your problem? Would the neighbor be willing to give you more info on what the history is if you can get them from being hostile? Can you partner with the neighbor somehow to make it their benefit also - like installing two new drain fields or connecting to the City sewer together to cut cost?

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    User Stats

    1,675
    Posts
    839
    Votes
    Jim Adrian
    • Architect
    • Papillion, NE
    839
    Votes |
    1,675
    Posts
    Jim Adrian
    • Architect
    • Papillion, NE
    Replied

    @Aaron Desimone

    I bet the 2 houses share the same septic tank.  There is more to the story here as they don't randomly put septic tanks here and there in neighborhoods.  I would bet he is on a septic tank as well.   Like the others have said... you are going to have to dig and make a mess or call a surveyor to come locate all the utilities and property lines.  I would make some type of deal with him to get him happier to work with you and you can get on his property to mark things out.  Offer to pump his septic tank (~$300).  Let him know you want to make things right but you need his help. 

    If the leach field is on your property then you might be able to take legal actions but this will make things worse.  The leach field is down stream of the septic tank.  If you want to create a muddy mess let the water run in the bath tub for weeks until you flood / fill the septic tank and the ground turns soggy.  Just like in the movie "Meet the Fockers".  There should be a man hole to get to the septic tank.  Check out Google Earth/Bing/ Google Maps for aerials of the yard and see when the ground was disturb.  All 3 use different map databases.  Good Luck!

    User Stats

    258
    Posts
    83
    Votes
    Don Meinke
    • Investor
    • Northeast, NE
    83
    Votes |
    258
    Posts
    Don Meinke
    • Investor
    • Northeast, NE
    Replied

    DONT let the water run forever till you get a muddy mess.  You can ruin the system////drain fields.

    Do get a direction from the basement exit and 'probe' with a thin stiff wire/ rod.  Softer the ground is easier to probe. (old) Tank lids are often buried,,,usually few inches to a couple feet down.  Have seen some real deep tanks but thats unusual.

    If probing is not finding it you may have to have some of those fancy under gound ultra sound type searching.  Other way to get an idea is a plumber with a camera,,,they can tell exactly where  the camera is at any given time

    In the OLD days around here it wasnt uncommon to find a 52 Packard and two tractor tires as a septic tank (wink wink) Okay maybe exaggerated ,,,maybe only a 47 Dodge,,,stranger things have been found

    Ask the neighbor where HIS is then so you can keep it straight.  Did both properties once have same owner,,,or builder,,,as a rental??? If so a common tank was common.  Once saw every 3 houses on 1 large homemade tank,,,which was fine,,,but lateral short by tons.

    You have tight septic laws now in force so sounds like your system is non conforming already.  It gets real expensive

    User Stats

    743
    Posts
    424
    Votes
    Brandon Battle
    • Real Estate Agent
    • Buena Park, CA
    424
    Votes |
    743
    Posts
    Brandon Battle
    • Real Estate Agent
    • Buena Park, CA
    Replied

    Sell it to the neighbors and get your money out of it before you discover something worse wrong and you have to eat a huge loss.Don't hesitate,just do it before big money headaches start manifesting themselves and destroy your financial investments.

    User Stats

    31
    Posts
    17
    Votes
    Aaron Desimone
    • Investor
    • plattsburgh, NY
    17
    Votes |
    31
    Posts
    Aaron Desimone
    • Investor
    • plattsburgh, NY
    Replied

    Great advice. I really appreciate it. Just to update anyone following.

    The neighbors house doesn't share a septic, as it is set to far back.
    I am going to have a survey done as soon as I can, and have a recommendation to a gentleman who installs septics to come out an see what the costs would be, and to identify exactly where the current one is, and how damaged.

    The neighbors property that is adjacent was bought as a separate lot to his own, so I am going to check if there are any easements on it for the septic to this house (long shot but who knows).

    It's a bit of footwork but it'll give me a good idea of the scope of the issue and costs. Plus I want all my ducks in a row when I do approach the neighbor and try to find an amicable solution. I will have two estimates, 1 - for how much to replace the current septic system (and salvage anything that can be), and the second to see how much (and if it is possible) to put a new septic on the narrow lot that I own.

    As for selling the property an cutting my losses, that is not something I am against; however the offer I have (from the neighbor) is less than half of what I paid. That is something I will consider once I get all the estimates, and options, laid out in front of me to determine the best course of action.

    Hey I really appreciate everyone giving me great advice, and taking the time to post! I will keep you updated when I know more.

    User Stats

    110
    Posts
    57
    Votes
    Bob Derwin
    • Investor
    • Mountaintop, PA
    57
    Votes |
    110
    Posts
    Bob Derwin
    • Investor
    • Mountaintop, PA
    Replied

    I'm not a lawyer.  I certainly don't know if this is even applicable with a sewer system.  But if that septic system has been in place for decades, you may have the right for continued use (even if it is on the neighbors property), via adverse posession.

    User Stats

    674
    Posts
    444
    Votes
    Lee S.
    • Northern, CA
    444
    Votes |
    674
    Posts
    Lee S.
    • Northern, CA
    Replied

    Don't beat yourself up over this situation, I made a similar mistake on my first house last year.  I'm in a more rural area so a lot of houses are on septic.  I got a great price so I wasn't that concerned about the septic even if I had to put a new one in.  However, I wanted to get it inspected before trying to resale and unfortunately the previous owners had put a paved driveway over the tank.   I did not want to rip up the driveway so I planned to just wait until resale and deal with it then, I ended up keeping it as a rental anyways.  I was lucky in that a sewer main literally runs on top of the tank so hook up would have been easy though costly (5-7k).  I now get a septic inspection before purchasing a property.

    User Stats

    88
    Posts
    55
    Votes
    Sam R.
    • Investor
    • Bothell, WA
    55
    Votes |
    88
    Posts
    Sam R.
    • Investor
    • Bothell, WA
    Replied

    Don't worry about it too much. A tank requires a crane to install, but the drainfield is easy. For about $1500, you and a couple of friends can install a septic drain field in a weekend.

    User Stats

    57
    Posts
    27
    Votes
    David MacClintock
    • Investor
    • Oneonta, NY
    27
    Votes |
    57
    Posts
    David MacClintock
    • Investor
    • Oneonta, NY
    Replied

    @Sam 

    @Sam R. The new poly tanks are far lighter than the old concrete tanks. I feel as though septic companies installing concrete still are like plumbers who still run all copper. More expensive and less functional.

    User Stats

    88
    Posts
    55
    Votes
    Sam R.
    • Investor
    • Bothell, WA
    55
    Votes |
    88
    Posts
    Sam R.
    • Investor
    • Bothell, WA
    Replied

    @David MacClintock Yes, that may be the case, but I did not want to say so because I only have experience installing the drain field part.

    User Stats

    100
    Posts
    41
    Votes
    Connie Bhimireddy
    • Real Estate Agent
    • Morgantown, WV
    41
    Votes |
    100
    Posts
    Connie Bhimireddy
    • Real Estate Agent
    • Morgantown, WV
    Replied

    Hi Aaron, Soooo sorry to hear all this is happening...I strongly agree with Brandon above: I would get out. And Fast if this is one of your first investments and cash is at all low, or your spread is tight, or money is at all a factor...this is very likely a headache (or worse a money pit).

    And I'd Sell to the neighbor. (Since I live by the golden rule I wouldn't want to pass on a problem to any buyer who didn't know what they were getting into.) Speaking for myself, I wouldn't even call the inspectors and pay the money to find out what the backstory is b/c in WV you have to then hand over that report! And while I don't know what your disclosure laws are where u live, u should know, or find out ASAP.  

    But consider this first of all: If you do call the inspectors still, u should know your "number" before they come. Is a 3k bill gonna kill cash flow and cause u to sell? An 8k bill? (And If you find you're not willing to do the math, ur probably staying in the deal on emotion/ego; not good in REI.)

    Best of Luck, truly, and do keep us posted, k? 

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    User Stats

    258
    Posts
    83
    Votes
    Don Meinke
    • Investor
    • Northeast, NE
    83
    Votes |
    258
    Posts
    Don Meinke
    • Investor
    • Northeast, NE
    Replied

    Refresh my memory,,WHY do you think this tank and leach field is BAD.  Or needs repair/replacement?  IF this is a buy and hold use it as is and see where it goes.

    If the tank 'needs' pumped,,,pump it,,,if the laterals arent draining well enough you can blast them with high pressure air and styrofoam beads and make it work like new,

    I would NOT call any inspectors or wake up any sleeping dogs I didnt need to.  Rent the thing out to as small of family as you can find and impress water conserving methods and practices.  Living on a septic tank is worlds apart from city sewer.  

    Your existing system may well serve you well for many many years.  IF the neighbor dug up part of the system,,,tell him its now time to repair his damage,,,altho its important to keep the neighbor hood peace,,,if you can.  IF he is a good neighbor he WILL undo what he has done.