What Happens if a Septic Tank Encroaches on Adjoining Landowner's Property in South Carolina?

Septic Tank Placement

• For new septic tank installations, or for new home constructions, state laws dictate distance requirements between a septic tank and adjoining property lines. State laws also list required distances between septic tanks and buildings, private walls, drainage ditches and bodies water, such as lakes or rivers. Under South Carolina law, a septic tank must sit no closer than 5 feet from an adjoining property line. Having a land survey done provides the most accurate method for determining whether a septic tank meets South Carolina’s distance requirements.

Pre-Existing Conditions

• A property line encroachment occurs when a septic tank, building, fence or other structure sits on or beyond an adjoining property line. Property line disputes can arise in cases where a landowner objects to an existing encroachment. In cases where a septic tank has occupied an area of land for some time, this landowner may have rights to occupy the area based on pre-existing conditions or terms surrounding the area. Pre-existing conditions may involve actual title or ownership of the land area in question, or allow for the continued use of the area without actual title ownership.

Implied Agreements

• Easement agreements involve the legal and ongoing use of a land area that belongs to an adjoining landowner. These agreements exist as legal documents that cannot be altered without the consent of both landowners. An easement can take the form of an implied agreement or a prescriptive agreement. An implied easement exists out of necessity, meaning it protects the reasonable rights of both landowners. For example, a neighbor’s walkway may provide the only means for a next-door neighbor to access her property. The circumstances surrounding the use of this walkway qualifies as an implied easement.

Adverse Agreements

• Adverse agreements require the disputing landowner to file for usage or ownership rights within the court system. Landowners seeking ownership rights can file under the terms of adverse possession. In South Carolina, adverse possession claims require the disputing party to have used the land portion in question for a minimum of 10 years, according to USLegal. The “use” of the land -- or in this case, of a septic tank encroachment -- must be continuous and exclusive, meaning no other parties have used the land in question. The disputing party must also provide some form of documentation that states his claim on the land area.

  Prescriptive easements have to do with usage rights. To justify the right to use an area of land, a landowner must prove continued and ongoing use for a minimum period of 20 years.