3 Comments Commercial law, litigation, contracts, IP, property law
first up, i'm not a solicitor.
You might already have an "implied easement"....
Have a read of:
these areas of law are usually not black and white.
Before considering $15k, you ought to spend $500 to discuss the matter with a solicitor.
At any rate, just hypothetically, if both owners agreed that there was an implied easement that granted you use of the septic facilities on the other property...the question of maintenance and cost of that system would arise. Easements practically never require the "burdened owner" to have to pay any cost for maintenance, and you'd need to make certain that your use of the system caused no nuisance to that owner (smells etc).
I suggest you try to move forward with the other owner in co-operation, not in conflict.
Thank you, Gorodetsky, for the input and reading links. I am not so concerned about the matter of an easement. The problem here is that Council does not allow this sort of setup (shared septic system on two separate properties). If someone were to tell them (this is a small town), they would order me to install a septic system on my own property. I have had initial discussions with a solicitor and I am making every effort to co-operate with the other owner, but he won't do anything and won't return my calls.
Well, that's the limit of my knowledge.
Are you sure the council will "order you" to get a new spetic? You appear to have purchased a house which has had a system which was acceptable to them up till now. I'd be surprised if the council did anything, but hey I'm in qld.
Um, and if the dude doesn't want to talk, maybe you need to gently wave the big (an easement dispute will scare off potential buyers) stick. Real estate agents have a duty to inform buyers don't they?
Sorry I couldn't help more,