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Drainfield easement wording.

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carl-b-correll
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I have a minor subdivision that I'm doing and I have the health department paperwork for the drainfields that were installed in 1984... but I'd can't recreate the drainfield location(s) in the field. There is just no way to recreate the way the Health Department two-chained it. Additionally, you can not see the physical location on the ground either.

The Planning Department (and Health Department) will not approve the plat without an easement and note of some sort. I've worded a statement, but I'm not even sure if it makes sense, or if it would be usable.

What I'm trying to say is: I've done the best I could recreating the locations of the drainfields from the paperwork provided. However, the drainfields might creep out in a spot or two from the easement lines drawn. I'm not trying to encumber an insane amount property, so if the lines that I've drawn don't actually cover the drainfield, and it needs to be fixed, it can be fixed.

The statement below is what I have concocted. I'll take any and all suggestions under consideration.

DRAINFIELD SHOWN (APPROXIMATELY) ALSO SERVES LOT 30A. AN
EASEMENT FOR MAINTENANCE, REPAIR, ETC. IS HEREBY CREATED.
THE EASEMENT AS SHOWN MAY NOT FULLY ENCOMPASS THE ACTUAL
DRAINFIELD, IT IS THE INTENT OF THE EASEMENT TO ALLOW FOR
REPAIR, MAINTENANCE, ETC. EVEN IF PARTS OF THE DRAINFIELD
ACTUALLY FALL OUTSIDE THE BOUNDARIES OF THE SHOWN EASEMENT.

Do you think that statement above would pass muster?

Thanks!!

Carl


 
Posted : August 22, 2012 9:55 am
james-vianna
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> DRAINFIELD SHOWN (APPROXIMATELY) ALSO SERVES LOT 30A. AN
> EASEMENT FOR MAINTENANCE, REPAIR, ETC. IS HEREBY CREATED.
> THE EASEMENT AS SHOWN MAY NOT FULLY ENCOMPASS THE ACTUAL
> DRAINFIELD, IT IS THE INTENT OF THE EASEMENT TO ALLOW FOR
> REPAIR, MAINTENANCE, ETC. EVEN IF PARTS OF THE DRAINFIELD
> ACTUALLY FALL OUTSIDE THE BOUNDARIES OF THE SHOWN EASEMENT.
>
>
> Do you think that statement above would pass muster?
>

Hi Carl,
I had one like this a few years ago and went a different route. I dug up the D-Box and shoved a metal snake to the end of each lateral and was able to follow it above ground with a metal detector. Then I located my marks and mapped it. That way I was sure of the number of laterals and their location. If the field is to deep for your standard locater you can rent a pipe tracer.

Now the trick is getting the client to pay for the extra work.

Respectfully,
Jim Vianna


 
Posted : August 22, 2012 10:16 am
jud
 jud
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Think I would get into it somehow, that the easement is for an existing drain field at its as built location and that controls. Also drain fields don't last forever. Unless there were provisions for a replacement drain field to be constructed elsewhere when needed, I would consider the easement inadequate. Without the right to replace the existing drain field at a new location it could make the home now being served to become uninhabitable, unless a very expensive alternate system is installed.
jud


 
Posted : August 22, 2012 10:20 am
Scott McLain
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May be a little overkill, but this is my attempt.
>
An easement for the repair, maintenance and replacement of an EXISTING drain field for the benefit of Lot 30A. Said easement is bounded by the physical location of an existing drainfield as in place on Aug. 22, 2012 plus an additional 10 feet on each side of the existing drainfield. The following description of said easement is approximate and for mapping purposes. The current position of the existing drain field shall be used to define the easement if any discrepancies are found between the physical location and the mapped location.

Good Luck
Scott


 
Posted : August 22, 2012 10:50 am
spledeus
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we sub out septic inspections to a fellow who has a pipe tracer and pipe camera
he would gladly help you, but the travel expenses would be prohibitive, so find his equivalent when you are

several contractors have been picking up these items too


 
Posted : August 22, 2012 11:47 am

jud
 jud
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Looks fairly good but when a drain field fails, new ground is needed for the replacement field. Maybe you could remove all of the saturated soil and haul it to a hazardous waste landfill, then back fill with new material that would pass a perk test if forced to remain within an easement that did not provide for a new field replacement area.
jud


 
Posted : August 22, 2012 11:47 am
ncdan
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:good:


 
Posted : August 22, 2012 12:18 pm
carl-b-correll
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Thank you all!! I think I concocted something that will pass the planning and health departments without too much pain and suffering.

Have a great day!


 
Posted : August 22, 2012 12:20 pm