Bought the house a little over a month ago. Nothing on the disclosure about a septic tank (house is 83 years old btw).
I was raking leaves last week and found a tiny metal point sticking out of the ground. Some digging revealed it was a pipe and further digging revealed a concrete septic tank. I hit the pipe with a maul and it broke, turning out to actually be terracotta.
I wanted to remove it to get rid of the chance of it breaking (was already pretty broken) and creating a crater and a liability in my yard.
A few hours today and it's broken up and ready for re-burying (metal is being scrapped). Do I have any recourse as it wasn't mentioned on the disclosure? I'm thinking not but am curious to see if anybody else has dealt with the same situation and also if you handled the removal differently?
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You've already bought the house, so there's no backing out of it.
The best case is that you could be compensated for the few hours you spent.
If you choose to pursue it, you would spend several additional hours and money talking to lawyers. I'd just let it go unless you expect it to be a hazardous situation.
What's supposed to be disclosed - that they have an abandoned disconnected septic tank in the back yard? Was there a disclosure question specifically addressing that issue? Most are filled with sand and abandoned in place. In any regards, you really don't have any damages other than a few hours of your time, so what do you really expect to get?
I agree with others already posted above. Unless the seller knew about the septic + hid their knowledge about it from you (i.e, lied on the disclosure) + you can prove it + you can show that it was necessary to be removed + show the damages, then suck it up and move on with your life. It is most likely not worth your further time and energy to pursue. Properties that old have usually changed hands numerous times and not all owners know about the complete history of the home.
Usually in OK, old tanks are left in place, but filled with gravel/concrete.
skibum43 said:What's supposed to be disclosed - that they have an abandoned disconnected septic tank in the back yard? Was there a disclosure question specifically addressing that issue? Most are filled with sand and abandoned in place. In any regards, you really don't have any damages other than a few hours of your time, so what do you really expect to get?in CA there's a specific box on the seller disclosure form for a septic tank... due to the fact that they can be expensive to remove. but more importantly... because it puts the buyer on notice that they might not be hooked up to a municipal sewer line.
isnt the disclosure something like, is there a septic tank? answer yes, no, or don't know. did the seller check no? That said, even if the deller is liable, your are not out much.
if the tank isnt hooked up anymore it is no longer part of the sewer system
It sounds like the home is now on a county sewer system and the old tank was abandoned. As dtated abiove unless you have proof the seller actively knew about this and concealed it, just forget about it
I wouldn't bring any attention to it. There are regulations (state/county dependent) for removal and hazordous disposal of septic tanks and leech fields. No need to get caught up in that.
There is no recourse unless you can prove the prior owners knew about it and intentionally didn't disclose it.
I would chalk it up to a few hours you won't get back and call it a day.
Could also be a cistern, I'm not sure, but there was a terracotta pipe coming into it from the house at a downward angle and I think the pipe sticking up was the pipe used by the honeydipper.
It was something fun to do, I kept some smoked turkey wings on the grill while some friends and I dug everything up, now everything sans metal is being buried deeper and covered with topsoil - my concern was it caving in if anything heavy goes on it (a car) and also ruining a rototiller if I till the land to plant grass in the spring.
Sooooo what's the big deal? When a seller is asked if he has a septic tank it means is he hooked up to a septic tank; Many homes previously were on a septic tank ar now hooked up to a sewer system. Hope i never sell to you.
I hope that you were 100% certain that whatever you found was non functional. I would hate to have you find out after a storm that your foundation drains or downspouts were still connected to it.
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