We are sitting on a piece of property with our house on it, which was divided by the original owner. Our septic system leech field runs onto the other property now. What is our legal standing and are we grandfathered in now? We are worried that if the adjacent sells, we will be up the creek without a paddle.
Answer
You need to review the deeds not only to your property but the adjacent property and see if there are any easements of record. The easement should be referenced in either in your deed or in a subsequent deed and should also be in the deed of the adjacent land owner.
If not then you need to get a formal easement. Please see a real estate lawyer who practices in the county where your property is located if the deeds don't reference any easements.
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