Buying or Selling a Home/Septic Tank Issue

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Expert: - 5/14/2009


Question
Hi Todd,
  I purchased a previously owned home in Wayne Illinois with a septic tank about a year ago. recently my next door neighbor told me that my septic tank is partially on his property. what is my recourse? does my title insurance cover this? I also read somewhere that since he knew about it before and did nothing about it, that should limit my liability.

Answer
Hello Michael - When issues regarding property lines are involved it is always appropriate measure to talk to the complainant neighbor first and see what the individual is looking for as a remedy.. maybe its just so you know its their property... maybe they want you to remove it... verify the homeowner is accurate in the assessment that the system is actually on their property. If the result is a request to relocate it or remove it from their property then seek legal assistance. If the complainant neighbor is not really concerned, but wants you to know that is 'their property' then it might be prudent to request an easement be placed on his deed which allows your use by deed of record. Option #2 - Depending on when the septic was installed, the state or municipal codes and ordinances regarding septic and the statutes of limitations indicating how long someone has after learning of an issue to exercise there objection, will determine the course of action the complainant neighbor has available at this time to force you to remove it from their property. Finally, as you so appropriately indicated since the complainant neighbor knew about the location of the septic and once it was public knowledge the home was for sale #yard sign, conversation with previous owner, etc#did nothing about it nor raised any issue, that may also limit the complainant neighbors options to demand you remove it. Finally, if the seller, who sold to you, knew about the complainant neighbors concerns that the septic was on their property and failed to 'disclose' the situation to you as the buyer there may also be some liability against the previous homeowner. Title insurance does not cover this kind of situation unless you purchased the type of policy covering surveys and the argument is over lot lines discrepancy. . I apologize for the delay in my reply. Please remember I am not a real estate attorney and this is not to be construed as legal advice, rather it is to be considered real estate information that any professional REALTOR should be able to provide. I hope this helps - Todd

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Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

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