If I purchase or inherit property with a grandfathered septic system, will the clause still be applicable once property has changed hands?

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If I purchase or inherit property with a grandfathered septic system, will the clause still be applicable once property has changed hands?

Land is zoned residential and will continue to be used as such. The existing septic system is functional, just outdated.

Asked on September 14, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In all likelihood if you purchase or inherit real property with an outdated but fully functional septic system you will still be able to use this system without being required to upgrade it.

The only time you would be required by the local building and permit department to upgrade the property's outdated septic system would be in the following situations:

1. if the system as a whole failed and could not be adequately repaired;

2. if you added additional rooms to the existing home, most likely bedrooms beyond the systems currently approved capability;

3. if you built another residence on the property such as an in law unit that had one or more bedrooms.

Good question.


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