DTL

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

Thanks Conor. There is a small stream probably 5m downhill from where they showed the termination of the pipe, so maybe you are correct with the clay pipe. Out of interest would the discharge from the clay pipe be a bit smelly in the summer?

Hi, I am in the process of buying a small cottage in Rural Scotland. Drainage from the house is to an old brick septic tank which is within the garden. The cottage was built in 1850, at a guess the septic tank and associated system is at least 70 years old. The title deeds describe a servitude right to maintain the tail pipe/soakaway from the septic tank. However, this tail pipe/soakaway is not shown of the title plot plan drawing. I asked the Vendors to show the approximate location of the tail pipe/soakaway on a drawing. They have produced a sketch which shows the tailpipe being only 2m long and just terminating at the garden fence, which separates the garden from the adjacent farmer’s field. My question is; I thought soakaways were generally quite a lot longer than 2m, is it possible that the soakaway is only 2m long? Thanks