# Vacant Land Question



## moonspinner (Jul 2, 2002)

I'm interested in a rural property being sold by owner that has been assessed as vacant land due to a septic that needs updating. It's an older home on an acre that was occupied for many years until the family moved out 3 years ago.
The seller doesn't know details on the septic and I can't seem to get an answer regarding occupancy. Is a septic inspection required before transfer of property and could I legally live on it without the update? I'm sure the assessor would know, but wanted to get insight before I call.


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## IndyDave (Jul 17, 2017)

moonspinner said:


> I'm interested in a rural property being sold by owner that has been assessed as vacant land due to a septic that needs updating. It's an older home on an acre that was occupied for many years until the family moved out 3 years ago.
> The seller doesn't know details on the septic and I can't seem to get an answer regarding occupancy. Is a septic inspection required before transfer of property and could I legally live on it without the update? I'm sure the assessor would know, but wanted to get insight before I call.


For the long term, I would recommend getting a soil test to make sure you can legally have a septic system installed. In the mean time, an assessment is not a zoning ordinance or a restrictive regulation.

My personal experience is that particularly with existing property right hands and left generally don't know what each other are doing. This often includes that assessor and the sanitarian. All things considered unless the structure has been condemned, I don't see how they could stop you from living in it.


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## Alice In TX/MO (May 10, 2002)

In my part of Texas, it can't be SOLD without the updated septic system. Check with the county for regulations.


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## flboisseau (Apr 27, 2017)

I would check with your agent if you have one or get a copy of the stardards sales contract for your state and review it. The ones we use here in VA, have a section that deal with septic and well and having them inspected prior to sale. Most likely the locality will require you to have a functional septic system prior to occuping the house, mainly because not having one can cause issues not only for you, but those around you.


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## Fishindude (May 19, 2015)

Worst case you would probably have to replace the entire tank and system, assuming there is enough unused real estate available to do so. Talk to whoever issues the building permits in your community.


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## FCLady (Jan 23, 2011)

30 years ago when I bought my house the septic was too small and had to be updated BEFORE the sale could got through. Seller wanted me to pay for it!!! Nope, seller paid for it... all done and fixed before I signed the papers.


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## Alice In TX/MO (May 10, 2002)

That is exactly what my county requires.


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## moonspinner (Jul 2, 2002)

There are no agents involved, this is a sale "by owner." The owner told me because the place is designated as "vacant land" a septic inspection is not required for transfer.
Does this sound right?


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## Alice In TX/MO (May 10, 2002)

Nope. Sounds like a story.


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## muleskinner2 (Oct 7, 2007)

Most of my neighbors use out houses. So my advise probably wouldn't do you much good.


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## hiddensprings (Aug 6, 2009)

I won’t not believe what the current owner says. Remember they are trying to sell and make as much money as possible. Call your county and get the word from them. And, with only an acre, you’ll want to be sure that there is enough room for a new modern system. Where I live, the current owner must disclose the septic and the transfer of property (raw land or not if there is a septic) requires a compliance certificate OR a certification saying the old system was properly destroyed. Good Luck!


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## Forcast (Apr 15, 2014)

And just for haha's have a septic priced. And get the well checked. 2 huge costs.


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## Alice In TX/MO (May 10, 2002)

Yes. My septic systems in clay soil on the Texas Coast cost about $8000 each. Here in Central Texas, I paid $16,000.


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## GTX63 (Dec 13, 2016)

The land may be considered vacant land. You two may be able to just go to the title agency and swap money and signatures. You may be able to head up to your new place with suitcases and furniture. There may be no local guidelines for septic. You may be planning on living there until you die so just figure it is your business. Lots of maybes.
Unless you plan of digging out and replacing the tank and lines yourself, the septic company will have to make a record.
The best insight I can give you is to call the assessor. While you wait for them to call you back, call a local septic company, then if you still aren't settled call the local realty and/or a local bank and speak to the loan officer.


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## Wolf mom (Mar 8, 2005)

Don't bother arguing with the seller. As was said, he wants to sell... You do your homework on septics and soil in your area.

If you want the land include this clause in your contract:

_Contract contingent upon Septic to be inspected, working and cleaned with written certification by certified Septic company of Buyers choice by X date._..or words to that effect. Do not put in that seller has to fix or replace it as that can be a negotiation point after you find out what is involved with the septic, maybe even to reduce the price.

BTW: don't forget the leach field.


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## anniew (Dec 12, 2002)

Also, if you want to live there, your county/state may require a Certificate of Occupancy...so, even if You can live with less than perfect functioning septic, the county/state may not allow it. In that case they could kick you out, and if there is either not enough room to put in a new septic system and/or the soils aren't good enough to put in a legal system, you have an acre that you can't live on.


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## moonspinner (Jul 2, 2002)

Enjoying all your informative comments. While waiting for the assessor to get back to me, it's interesting when I think back to my current place. In 2004 the former owners put in all the utilities themselves. I bought the property in 2012 and used a good lawyer and agent to handle the transaction. So just a few days ago I had a visit from the previous owner telling me they "snuck in" the septic, apparently without approval, inspection, etc. She told me she didn't even know if it had ever been recorded with the county. This was certainly a revelation. All I can think of is this town doesn't require a septic for permanent occupancy?


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## Hitch (Oct 19, 2016)

I haven't read the responses but your lender may require an inspection of the septic before issuing a loan.


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## moonspinner (Jul 2, 2002)

It turns out the town assessor is not in the office and there is an acting replacement. So now I have to contact someone else. There is no lender to worry about - I will have the funding. Hope to finally have an answer soon!


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## GTX63 (Dec 13, 2016)

Lol, my previous post mentioned contacting the assessor and while you wait for him to call you back.....gubmint.


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## haypoint (Oct 4, 2006)

Who knows if a new septic system would work? Soil needs to perk for a system to work. Might need a lagoon and you don't have enough land for that. Might need a raised bed and a sewage pump. Could be talking $10,000 to $20,000, just for the septic system. Do you know if you can get GOOD water from a well?
An inability to get a septic to work or to get safe water would be your problem, if you buy it as vacant property.
Each state, county or township has different rules and regulations. The procedure for me could be far different from what you face.


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## moonspinner (Jul 2, 2002)

I did find out that yes, no septic inspection is required on a transfer of designated vacant land. But I'm likely not moving ahead on that property anyway. I appreciate all the insight here!


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