Soakaway agreement

[ploughman1963]

A neighbour with whom we have a reasonable relationship has asked if they can dig a soakaway in our field adjacent to their property. The existing arrangement is a pipe that carries the issues from their current septic tank to a ditch through our land. Neighbour is installing a new septic tank and would like to put soakaway in our field. We have no issue with allowing them to install the soakaway.
Now, it seems that in the process of the neighbours house being sold by the council some years ago, there is nothing in writing regarding any access to maintain the old pipe as the field was originally attached to the house when it was a county council smallholding.
i am insisting that there must be some form of written agreement prepared by our solicitor regarding access to the soakaway for purposes of maintenance.
Is there anything other than the matter of access the agreement should cover?
Thanks

 

[thorpe]

dont do it.

 

[Kidds]

Do not do it.
Even if you do get on now there is no saying the subsequent owners will.
If he is fitting a new tank it may just as well be a treatment plant (like everybody else is fitting these days) and he won't need a soakaway. Probably work out cheaper for them anyway.

 

[Goweresque]

Its not the current householder you need to worry about, its the ones that come after him (or her) that you need to consider most. Imagine your neighbour is replaced by a complete *rse, what provisions do you think you would need to protect your interests from such a person?

Off the top of my head I'd suggest that timing of any repair work should be at your discretion, not the householders; if the soakaway has failed and is causing you problems there should be a requirement for the householder to fix it to your satisfaction within in certain timescales; access for inspections/repair work to be agreed with you in advance; something needs to be put in about whether a full replacement is allowed under the terms of the agreement, or repairs only, and if the latter something defining what repairs means too. Also to restrict it to the current use and extent of the property only, so no building a new house in the garden and expecting to use the soakaway for that, or a change of use to something else, or shepherds huts in the garden, or massive extensions/outbuilding conversions (with commensurate rise in inhabitants).

 

[Goweresque]

Do not do it.
Even if you do get on now there is no saying the subsequent owners will.
If he is fitting a new tank it may just as well be a treatment plant (like everybody else is fitting these days) and he won't need a soakaway. Probably work out cheaper for them anyway.

He'd still need somewhere to send the 'treated' outflow of the septic tank though wouldn't he?

 

[Kidds]

He'd still need somewhere to send the 'treated' outflow of the septic tank though wouldn't he?

Can go same place as rainwater goes, presumably into the ditch mentioned, doesn't need a soakaway. Septic tank shouldn't be going in there anyway under current rules. (most existing tanks do though)
It is a pretty major operation to build a new soakaway to current Building Control rules/satisfaction. A treatment plant is the cheaper option.

 

[ploughman1963]

Thanks for the feedback- unfortunately, Dad agreed to it going in and wasn’t going to have anything in writing so I am left with trying to make the best of a bad job. It is obvious to me that it’s also in their best interests to have an agreement on paper in case we ever sell the field and the new owners refuse access.

 

[ISCO]

You need deed of grant of easement to allow them access and to install the soakaway. This should also include obligations to maintain and repair and not to cause nuisance.
You should also be indemnified against all losses you incur.

 

[Henarar]

Thanks for the feedback- unfortunately, Dad agreed to it going in and wasn’t going to have anything in writing so I am left with trying to make the best of a bad job. It is obvious to me that it’s also in their best interests to have an agreement on paper in case we ever sell the field and the new owners refuse access.

you could suggest they look at a treatment plant as a cheaper option

 

[ploughman1963]

you could suggest they look at a treatment plant as a cheaper option

Would they still not need to let the ‘clean’ water go somewhere? They currently have a pipe that will do that but we think it’s collapsed/blocked and as far as we know, no agreement to come on the land to repair - though would not wish to unreasonably withhold that right

 

[Henarar]

Would they still not need to let the ‘clean’ water go somewhere? They currently have a pipe that will do that but we think it’s collapsed/blocked and as far as we know, no agreement to come on the land to repair - though would not wish to unreasonably withhold that right

I am no expert but would think a pipe would be pennies in comparison with a soakaway done to regs

 

[ploughman1963]

I am no expert but would think a pipe would be pennies in comparison with a soakaway done to regs

I agree, sorry, I thought you were suggesting that if they used a treatment plant then they would not need to come on to our land.

 

[Henarar]

I agree, sorry, I thought you were suggesting that if they used a treatment plant then they would not need to come on to our land.

I was just trying to suggest the option that is less likely to cause YOU any hassle in the future and would think a bit of smoothbore unperforated pipe to take the water to the ditch would be that option

 

[Kevtherev]

A bio plant is needed with just one discharge pipe to ditch.
Soakaway don’t tend to last long on certain soil types.

 

[br jones]

He'd still need somewhere to send the 'treated' outflow of the septic tank though wouldn't he?

the ditch that already gets it

 

[Agri Spec Solicitor]

I suggest the OP obtains legal advice now before it all goes wrong. A few brief points:
1. Soakaways seem to mean different things to different people. If the intention is to drain the effluent into your soil then is that something you want? Would it work on your soil type? Personally I don’t think they work long term so factor in ripping up the drainage field periodically.
2.The old style septic tanks often have rainwater piped into them, maybe from the house roof etc. The new Sewage Treatment Plants cannot cope with rainwater and we have had a few cases where separating out the foul from the surface water is a big problem. That is after the owners have worked out where all the pipes go! Most new style STP also need an electric supply.
3. The old style septic tanks can often comply with the new rules if they are totally sealed (a cesspit that needs to be pumped out) or have a soak away. It cannot discharge to a ditch for example.
4. Whatever happens the result needs to comply with the General Binding Rules.
5. The EA told us the polluter is the one they will need to deal with in the event if non compliance so the farmer whose field simply contains the tank which is used by a nearby house should be safe.

If you are set on allowing the drainage field then your solicitor needs to work out what already exists. The law is good at filling in gaps so lack of paperwork for the original installation is not as big a problem as it seems.
Then if you are moving away from the existing rights then it does all need to be documented to allow for installation repair and replacement, whilst ensuring it is done with minimum disturbance and the surface made good.
This situation needs very careful thought.

 

[Dry Rot]

First, if there is no existing agreement in writing, it doesn't exist. 'He said, I said' is no basis for an agreement over rights to land.

Second, get a professional involved as early as possible. I'd suggest a large firm, either of rural solicitors or land agents who have access to multiple skills, not your family solicitor. The other side pays all expenses.

Third, don't rely on a forum where you will get a dozen opinions, probably none of them completely correct.

 

[renewablejohn]

Sounds like they know that their current system does not comply with the new rules and have been contacted by the council to get it fixed. I would question why the original was piped into a ditch rather than a soakaway. To me that suggests the soil conditions when originally installed would not allow a soakaway to work correctly and nothing will have changed over the years. Think there only option is a modern solution of sealed tank and pump out.

 

[Kidds]

Would they still not need to let the ‘clean’ water go somewhere?

Next door to me fitted a treatment plant and their discharge pipe is just 32mm blue water pipe into the ditch.

 

[robs1]

Sounds like they know that their current system does not comply with the new rules and have been contacted by the council to get it fixed. I would question why the original was piped into a ditch rather than a soakaway. To me that suggests the soil conditions when originally installed would not allow a soakaway to work correctly and nothing will have changed over the years. Think there only option is a modern solution of sealed tank and pump out.

Treatment plant will do the job and comply with modern regs, they do the same job as local sewage works we have got two, one for our house/annexe and one for a rehearsal room for a theatre company, they work very well