Neighbours Septic Tanks Damaging Adjoining Field

butch90

With the scorching weather recently i have noticed how a patch of my field is still flooded regardless of the lack of rainfall in weeks. The field has never flooded in my mothers memory who has lived on the farm for 30 years.

The effected field lies just behind two relatively new houses built in the last 10 years. I have come to the conclusion it must be there sewage system which is flooding the land. a 1/4 to a 1/3 of an acre is effected by this flooding.

Has anybody any knowledge on the matter. Our neighbours are known to the family but i do not want to confront them on the matter until i am clear on what to do. There is substantial damage done to the land.

Tow

Umm... Were do you think the water from Septic tanks go?

seaniefr

Tow wrote: »

Umm... Were do you think the water from Septic tanks go?

Candidate for 'Builder of the year'

butch90

its obviously a problem with the septic tanks only in the last year or two. the houses were built nearly 10 years ago

Lu Tze

butch90 wrote: »

its obviously a problem with the septic tanks only in the last year or two. the houses were built nearly 10 years ago

Post hoc ergo propter hoc. Can you prove that? I dont see how a septic tank could flood 1/3 of an acre without diverting a stream through it.

Pro Hoc Vice

Lu Tze wrote: »

Post hoc ergo propter hoc. Can you prove that? I dont see how a septic tank could flood 1/3 of an acre without diverting a stream through it.

Well if he get an expert to examin the area he may prove or disprove his theory.

Pat Mustard

The cause of the difficulty needs to be found. An engineer should be able to this, and if he can't, he should be able to recommend someone who can.

If litigation is contemplated at all, then a good solicitor should be contacted first, as he will have his own ideas on who he thinks is a good engineer: somebody who can write up logical, coherent reports and give cogent evidence in court.

Some engineers may be great at the practise of engineering, but hopeless when it comes to writing up reports or giving evidence.

There are engineers and there are litigation engineers, I suppose.

nuac

The Mustard wrote: »

The cause of the difficulty needs to be found. An engineer should be able to this, and if he can't, he should be able to recommend someone who can.

If litigation is contemplated at all, then a good solicitor should be contacted first, as he will have his own ideas on who he thinks is a good engineer: somebody who can write up logical, coherent reports and give cogent evidence in court.

Some engineers may be great at the practise of engineering, but hopeless when it comes to writing up reports or giving evidence.

There are engineers and there are litigation engineers, I suppose.

Agree with the above. Engineer will as part of his brief inspect the neighbours planning files

Cedrus

How is flooding the corner of a field considered damage in a country with the rainfall we usually endure. Is there, measurable contamination, crops lost, animals hurt? Or is it just wet?

butch90

Cedrus wrote: »

How is flooding the corner of a field considered damage in a country with the rainfall we usually endure. Is there, measurable contamination, crops lost, animals hurt? Or is it just wet?

well if the land has been perfect for 30 years and is then unusable for crops, hay, or pasture for farm animals i would deem that damage to another person. The land in question has been for sale for a while with potential clients being turned away on account of flooding.

The area effected has been turned into a swamp basically with reeds only growing

LowKeyReturn

Could be wrong but isn't this Rylands v Fletcher and no damage needed?

Yes I'm basically asking for a free refresher on Rylands :P

Cedrus

butch90 wrote: »

well if the land has been perfect for 30 years and is then unusable for crops, hay, or pasture for farm animals i would deem that damage to another person. The land in question has been for sale for a while with potential clients being turned away on account of flooding.

The area effected has been turned into a swamp basically with reeds only growing

The devil is in the detail, none of that was in your first post.

Was there a percolation test done before they got permission for their septic tanks? If that was faulty or fraudulent you may have a case but you'd need to talk to a real solicitor.

Have the tanks been desludged / properly maintained? Do the owners even know that there is maintenance required on tanks? A polite word might solve your problems if this is the case.

Outkast_IRE

The percolation test is what needs to be looked at here.
It wouldn't be the first time a percolation test was "botched" in order to minimise costs during the build.

I would imagine that you would start by trying to get access to the percolation test results that were needed as part of planning permission. Then getting an engineer to carry out a new percolation test.

Or else its time to ask the homeowners questions, the tanks may need to be checked, and or the percolation area needs work done to it.

Pat Mustard

nuac wrote: »

Engineer will as part of his brief inspect the neighbours planning files

Good point nuac, didn't think of that.

billy few mates

What about the septic tank registration scheme that was introduced a few years back...?

Get onto your local council and see if they've registered and if so did they pass the inspection. If they haven't registered or been inspected ask the council to get involved on your behalf, this is exactly the situation the legislation was introduced to guard against....

You may even have to get in touch with the dept of the Environment if the council won't play ball...