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TAS Property Law and Easement Issue - Property with No Septic System?

Discussion in 'Property Law Forum' started by eaglefrock, 24 January 2016.

  1. eaglefrock

    eaglefrock Member

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    Six months ago, I purchased a house in north-east Tasmania. I found out soon after moving in that the septic tank is actually located on the property next door, and shared with that property. Of course, nothing came up in Council searches on this. I did not have a plumbing inspection done. The owner did not disclose that this was not my septic system.

    I'm aware that under Property Law, he doesn't have to do so. The fellow who sold me the property also owns the next-door property and is getting ready to sell that property.

    I could go for an easement to allow the use of the septic system, but this will be of no use if anyone (new owners or whoever) should report the problem to the council. Hypothetically, the council has said they will not get involved unless it's reported. Although I plan to die here, should I ever need to sell, this issue is going to be a problem as I believe Tasmania is moving toward full disclosure in property sales.

    Perhaps I can approach the previous owner to have that bit of land (right next to my fence) transferred to me? I'm sick about this, as it's going to cost $15K to install my own septic system due to difficult soil issues and pumping required uphill to rear of my yard. I am a single, middle-aged disabled female, unable to work. I'm crushed.

    Do you think there is any chance of going for compensation against the former owner? I've been told this could be a grey area as far as disclosure is concerned.

    Thank you to whomever may take the time to read and respond.
     
  2. Rod

    Rod Well-Known Member

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    You may have a cause of action against the former owner for something this important.

    Simplest solution is to see if he will grant an easement. He may just do it if asked.
     
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  3. eaglefrock

    eaglefrock Member

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    Thank you. Yes, an easement is the simplest solution, but if the Council should be notified, they will order me to install my own :(
     
  4. Rod

    Rod Well-Known Member

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    Sorry, can't help with council rules, I don't know what they are in this situation.
     

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