Recording permit in land record imply running with the land?

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Latest post Fri, Jul 29 2016 8:35 AM by karen2222. 3 replies.
  • Thu, Jul 28 2016 10:49 AM

    • danwilcox
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    Recording permit in land record imply running with the land?

    Trying to get some general common law background on a permit issue in VT, not finding a ton of help in statutes. Absent language in the permit or enabling statute indicating the permit applies only to the permit holder, or generally to the system or land, does the fact that it is recorded in the land record have any effect on whether a court will consider the permit to run with the land? Does it depend on the nature of the permit? Whether the permit touches and concerns the land? Thinking specifically about public water supply permits -- source, construction and operation.

  • Thu, Jul 28 2016 6:25 PM In reply to

    • Drew
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    Re: Recording permit in land record imply running with the land?

    Not sure you post is easy to follow....in general if one gets a permit to make a connection that is  it, you connect , done deal.........some permits expire if not used in some time frame ...and to modify or repair  a connection probably requires a new permit 

     

    What prompts your question.....if A owns 123 Road and pulls a permit , but sells you 123 Road before the connection is made , do you need a new permit ?  I'll bet you do. 



  • Thu, Jul 28 2016 6:31 PM In reply to

    • Drew
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    Re: Recording permit in land record imply running with the land?

    that said, perhaps not..for example the permit process in Manchester VT clearly says right on the application that permits runs with the land.....



  • Fri, Jul 29 2016 8:35 AM In reply to

    Re: Recording permit in land record imply running with the land?

    danwilcox:
    Thinking specifically about public water supply permits -- source, construction and operation.

    Looks like the Department of Environmental Conservation controls both public and private water systems in Vermont.  So it's their regulations that matter.  They have the power to revoke permission for a system to continue operation if it falls out of compliance with their regulations and its water is therefore considered to be unsafe for human consumption.

    Without seeing the document that has been recorded in your land records, it's hard to comment beyond that.

    In my state, permits for the initial construction of a well or a septic system come with expiration dates and are not recorded in the land records.  Once construction is complete and the county health department approves the installations, then there are documents recorded in the land records but they seem to exist primarily to restrict future owner activities in those areas of the property (though they also do serve to inform prospective buyers that these systems exist and were approved at the time they were built).

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