When would a grandfather clause regarding a septic system apply?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When would a grandfather clause regarding a septic system apply?
I have a rural home on 4 acres bought 17 years ago. I’m now being forced to hook onto sewer district. I did have a legal septic system until a “district” was organized. I’ve received 2 bills (haven’t paid them) and now they’re threatening me with shutting off my water and putting a lien against my home. I was informed that if “their” line ran within 100′ of my property, I had to hook up. Just so happens their closest connection is about 20′ way from my NE corner, and my house (septic in front yard) faces south in the SW corner. At $10/ft (plus $500 hook up fee) it will be a huge cost to me when I have a perfect working system already. Is there anything I can do to fight this?
Asked on October 19, 2011 under Real Estate Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way for you to oppose the "district's" decree that you hook into their sewer system and abandon you septic system is to retain an attorney experienced with governmental matters involving utilities sooner rather than later.
Your question and the facts that you have written about need more specificity for me to direct you in how to resolve your predicament. For example, is the "district" an actual governmental entity form? Has your septic system been declared obsolete by any governmental entity requiring to be abandoned?
Under what basis are you being told to hook into the sewer system? Is there some general governmental ordinanace requiring all people in your district to hook into the sewer system or is it voluntary? What are your neighbors' positions about hooking up to the new sewer system?
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.