DTL

Thanks for your observation, you are correct in that it was all a bit upsetting, but ultimately the correct decision. I have a general question on septic tanks and soakaway that will help me with any other places I view; I’m thinking that when there is heavy rain for an extended period, does a drainage/field not saturate with rainwater such that the tank has a tendency to overflow? Thanks

OK Thanks WRT the SEPA tank registration; given that it is a self declaratory process I guess some people might just declare they have a soakaway from their tank rather than a discharge to a stream. And as you have previously discussed SEPA currently make no checks, and are only interested in investigating very large pollution events. Last week I made an online CAR application using a grid reference next to a random burn, and as part of the application you are asked to check a box according to your response to one of four questions; 1. Discharge via soakaway 2. Discharge to watercourse 3. Discharge to ditch 4. Other I could not fully complete the application as it was not real, so I am not sure what happens in the licensing process if you declare you have an untreated discharge to a stream. I have pulled out of the purchase because I have too many uncertainties on the septic tank discharge and I feel the vendors are not willing to be helpful. Many Thanks to everyone for the feedback in this thread.

OK thanks. Assuming I could unblock the tail pipe to the stream, would I be able to operate the tank with discharge to the stream for a while? i notice the SEPA certificate mentions the use of a soakaway with no pollution of water.

Good Feedback, Thanks I don't think there was ever a proper soakaway. The Deeds mention the rights of servitude on neighbouring land for a "tailpipe". But it is not marked up on the plan. And the sellers are now just implying they have a very short soakaway in their garden, which cant work cos that corner of the garden the water table is too high. The sellers are implying that the original tail pipe might be gone. Looking at the pipe run then the original tail pipe ran towards a stream 15m away from the septic tank, the land on the way to the stream is also peaty bog. I'm now thinking that when the tank was built back in the old days, the discharge was piped direct to the stream. The water table is too high on the entire run between the septic tank and the stream for a soakaway, you would just be installing a land drain. If this is the case then that original tail pipe is now blocked or no longer exists, otherwise the tank level would be down at its outlet level. I guess if I did have rights to a piped discharge to the stream I could maybe install one of the bio disc tank things. But to get get this right it would be necessary to prove the pipe is there, ie excavate it. How tricky is it to get the right to discharge from a bio disc tank to a water course in Scotland? Thanks

Thanks for your response. So I went and had a look: The tank was full of liquid all the way to the concrete lid, the outlet being at least a couple of foot below the lid. So I’m thinking there is no functioning soakaway. It’s clearly leaking out of the top course of bricks. There is about 4 foot of garden ground where the soakaway runs, but it’s a bog. It probably works fine, but I’m concerned it’s not future proof.

Thanks for your response. With respect to what you mention about the brickwork already leaking do you mean; Partially broken down sewage is probably leaking into the ground around the tank through the brickwork? And if the answer to the above is yes then is this a good thing or a bad thing, I mean I guess it takes some pressure off the soakaway. Thoughts? Thanks

Thanks for all the input on this thread. I'm working on getting the vendors to perform a drain survey. However, to plan ahead a bit. We know the tank is an old brick tank. The current set up is fully licensed by SEPA. After the survey if we find out the soakaway is only 2m long, then I'm pretty confident that the system cant be upgraded if constrained within the garden, because a 2m soakaway is not going meet the requirements. The property will be an unlet 3 bed holiday cottage probably only occupied for 8 days a month. The septic system has probably been there for at least 70 years and has probably been working fine. If it was to have problems in the future will it be possible to maintain my way out of any problems, ie repair the brick tank? And, if a 2m soakaway stops working can I not dig out all the muck and replace it with fresh stone? Thanks

Thanks for responses. All the responses have been helpful. These are all things I will have to ask the vendor to do so we can understand the routing of the soakaway, and then once its routing is figured out then formally identify the servitude rights within the Title. I would hope to witness the investigative works. I hope the vendor agrees to some investigative work including some digging, because I really want the purchase to go through. Any suggestion on what sort of company would be best to do this work?

OK thanks for the response. So I could potentially be divined and then dug to follow its routing? A couple of days work for two men? Thanks

Thanks for your response. I will be putting pressure on the Vendors about this next week. I'm just trying to get ahead of the issue. The issue is that its general location is unknown, it might be just 2m long and terminate within the curtilage of the property. Or, it might be a lot longer and travel into a farmers field in one of two directions. So it seems to be getting the legal rights, should it go onto the farmers land, will first require for it to be located.

Hi, Does anyone know the feasibility of using a ground penetrating radar survey to locate a soakaway pipe/soakaway field? The soakaway system at least 70 years old (maybe a lot more the property was built in 1850). I figure a CCTV survey would be no good as the soakaway system may have blocked pipes, rubble etc which the camera will be unable to pass, Thanks

Thanks for your response. I don't understand what you mean about blocked pipe and how that then leads to requiring a rubble soakaway? Can you clarify this for me Many Thanks

Thanks for response. The missives are not concluded, this is the final piece. The title gives rights to the servitude of the tail pipe in text only, with no description as to where the pipe is actually located. So, in theory if it had turned out it was in the farmers field we would have had rights to access, albeit it might have been a bit argumentative with the farmer as its location was not explicitly stated. However, in theory our right would have existed. To make things tidier we asked the vendor to clarify the pipe location, they then provided the sketch showing the 2m pipe in the garden. This was provided via an affidavit, so if the purchase was to go through the title would be updated to reflect this supposed location of the pipe, which would then effectively remove our rights for anything that is maybe in the farmers field.

Thanks for response. According to the text in the deeds we have a servitude and maintenance right to the tailpipe. Which the vendors are now saying is 2m long, and within the garden. There is no mention of a soakaway or drainage field within the title deeds. The stream is outside the garden, and we would not have any rights to be installing anything outwith the extent of the garden, unless it historically existed. I had a look a the SEPA certificate and it stated that discharge shall be "to land via a soakaway" I will challenge Vendors more on the location of soakaway/drainage field. However in the worst case can one argue to SEPA, that a 2m long clay pipe has historically been operating as a soakaway?

Thanks for the replies, as suggested I'm going to ask some more questions of the vendor. The Septic tank is registered with SEPA, as I understand it, it is the point of discharge from the tank within the garden that is registered with SEPA. Its very unlikely that any new soakaway system could be implemented within the garden, as the garden is very small. The deeds say I have a servitude right to a tail pipe, but on asking where this tail pipe was the Vendors are saying its the 2m pipe in the garden. As Gus identifies, the fact that the tailpipe/soakaway ends exactly by the garden fence, not extending into neighbours land and not extending further towards the stream could be suspicious/problematic. Given that the septic tank discharge is registered with SEPA, and the drainage arrangement is existing and historical, is discharge close to a water (or into) a water course allowable? When the tank was registered, would the owner have to have declared the location of the discharge adjacent to the stream? I.E does the fact that the tank is registered with SEPA mean that SEPA are aware how and where the discharge from the tank works, and are OK with this? Thanks