Mitternight Park Neighborhood Association

Septic tank

What street do you live on?

One of the builders did cover over some of the drainage easements, which could cause a problem.

drainage issue in The Oaks

Twin Oaks Lane (the higher side). Note the paint in the grass marking the utility lines.

I never would have thought I would have flooding issues when I moved to a mountain! Ironically, this wasn't a problem when I lived in the Lowcountry (Charleston, SC).

Drainage

The high side of Twin Oaks isn't where the drainage easements were covered that I was talking about.
It still could be more of a drainage issue with your lot and not a soil problem. We have really good soil up here unlike Montgomery with their gray clay.

Recourse

Any house with a septic tank should have a soil analysis when it was built. The soil analysis establishes if the ''soil perks'' enough for a septic tank. This analysis is required before a septic tank can be built.

The soil analysis is just a test, and it comes back with a number, and the professional who does the analysis does not really have any liability, because all they certify is that the soil meets the ''perk test'' at the time of testing.

If you have reason to believe that the previous home owner was aware of septic tank failure (more specifically drainage field failure) then a civil action (read: lawsuit) is the recourse. A civil action can force the discovery of anyone the previous owner called for drainage repairs, and can get depositions from all professionals who had dealings with the previous home owner. From their testimony you can then build the case that the previous home owner knew of a major defect in his property and deliberately concealed it when he sold the house to you.

A rough estimate would be that theses depositions would cost you up-front about ten thousand dollars, and your lawyer may want another five to really get into it.

A good strategy would be to investigate a little, and get some informal indications as to who had any dealings with the former owner, and what their opinions were of the drainage field. If these indications are favorable to your case, then proceed and plunk down the money. If it was a deliberate action, you could sue for triple damages, the damages being the cost of a new system plus all the inconvenience, etc.

Just an idea.