shared septic tank problem

[arnoldmarg]

has anyone any idea if a neighbour can disconnect a shared septic tank even if in his deeds of sale it clearly states it is a shared septic tank

Disconnect from you? Or from them?

Disconnect us from the tank

If by "deeds of sale" you mean title documents (these days recorded at the land registry) then no, they can't do that.

thanks for that, yes it's in the title deeds he has given us 28 days notice that he is disconnecting our pipes as he has had a new septic tank put in for himself

It costs a lot and takes ages to install a septic tank, and I mean thousands.

Why is he wanting to disconnect you if he has a new tank? surely he keep you connect to the current one. I'm afraid you may need solicitor's advice on this one, eg the one who did your conveyancing. Alternatively check with the local planning authority. Check your home insurance - it may cover you for legal costs to do with your home

Contact you house insurance - you may have legal cover.
I’m not a legal person - but I would guess it’s not allowed. Fine to disconnect himself and have his own septic tank, assuming any planning permissions were granted - if needed. That would then give you your own septic tank and presumably the title deeds could be amended accordingly.
But I would get proper legal advice as soon as possible. Maybe also contact the council as you would be left with no waste disposal and a huge risk to public Heath.

Again- I’m not a legal person, just my thoughts and what I would do, once I had calmed down.

We do have to seek legal advise ,yes, just wanted to know if any one else had ever been in this situation, we have shared the septic tank since 2005, since I ordinally sold the house. Eventually we would like to put our own septic tank in but at the minute we are in the middle of a huge rebuild after a fire took everything from us , my neighbour tried to buy the land off me the day after the fire, when I refused, he became very difficult with everything since, no, we were not insured and it has cost us an arm and a leg to rebuild what we lost, we could do without anymore expense, as he said he knows we can't afford a legal battle, it's just a nightmare...I just can't understand why he would just ignore whats in his title deeds and think he can do this, you comments have been a great help thankyou all.

So did you sell the neighbour their land, retaining your house?

What is the precise wording in the deeds giving you the right to use the tank?

I sold the house to a women in 2005 , she then sold it to this person 4 yrs ago, he bought it knowing the shared tank was in the deeds.
not sure about precise wording but it is quiet clear in the title deeds that the septic tank is shared with ourselves and we pay 50% of cost which we have been doing since 2005

Whilst it depends on the wording - is there a covenant on the register? - it's odd that they want to disconnect you. If the point is that they no longer wish to pay half the emptying costs, that is a separate issue but they can't breach a covenant by stopping your legal use of the tank.
I haven't had this exact situation thank god but it's a pretty common situation to have shared septic tanks and links with retained/sold land so I would think a local solicitor would be in the know. Good luck. What a horrible situation.