Lexsure e-ROT

Septic Tanks & Drainage · Report on Title scenario

The property shares a sewage treatment plant with neighbouring houses

Somebody manages it and everybody pays, and the arrangement between them is a document you should read before you become part of it. A shared plant is usually better engineered and better maintained than an individual tank — and it brings the things shared arrangements always bring: an annual charge, a management structure, and a dependence on your neighbours.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure Report on Title paragraph: Sewage Treatment Plant - Property not Connected · See the wording

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I’ve already bought the property The shared drainage arrangement has broken down. Check what this could mean →WhenIBought.com
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What you are joining

A plant serving several properties sits somewhere — on one owner's land, on common land, or on a plot held by a management company — and the rights to use it, to maintain it and to get to it come from the deeds rather than from being nearby.

The first questions are therefore title questions. Does your title grant the right to discharge into the plant? Does it grant access to it for maintenance? And what obligation does it impose to contribute?

The annual charge

Shared plants are managed, and management costs money: emptying, servicing, power if the plant is powered, repairs, and whatever administration the arrangement involves. The charge recurs and it can rise sharply when the plant needs significant work.

Ask for the last few years' accounts or invoices, not just the current figure. A plant approaching the end of its life is a capital cost waiting to be shared out, and the sums involved for a replacement are large.

Ask whether there is any reserve, and whether the obligation to contribute is enforceable against every property — the positive covenant problem that affects shared private roads applies here in exactly the same way.

The questions about the people

Who actually does the managing, and are they a company, a committee or a neighbour who has always dealt with it? A plant run by one willing individual is working well right up until they move.

What happens if somebody does not pay. What happens if the plant fails. And whether there have been disputes, which the seller must answer honestly if asked.

Also establish compliance, exactly as for an individual system: a shared plant is still a discharge, and it is still regulated.

Already bought, and the shared arrangement has broken down?

If the plant has failed or the contributions have become a problem, what was reported to you about the arrangement during the purchase is where the question starts.

From the e-ROT archive

Report on Title paragraph

Sewage Treatment Plant - Property not Connected

Archive Lexsure e-ROTScope Plant shared with neighboursWord count 51Published November 2017

The property is not part of the mains sewage and surface water drainage sysytem. Instead waste drains to a sewage treatment plant which serves this property and a number of neighbouring properties. There is a fee charged each year for the management of this and copies of the documents are enclosed.

Historic wording — DO NOT USE on a current transaction. Published in November 2017 and reproduced exactly, including the misspelling of “system”. It describes one arrangement; what any shared plant involves depends on the documents that govern it.

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