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I'm evaluating the purchase of a property that has a shared septic agreement the neighboring properties septic system which allows for a 2 bedroom home to be hooked to the system. The agreement states that "no additional bedrooms may be added without written approval from the County Environmental Health Department".
The seller has since replaced a the original 2 bedroom mobile home with a 3 bedroom mobile home, that was permitted by the county building department as a "2 bedroom + Den". However the property is appraised by the County as a 3 bedroom home and is listed as a 3 bedroom home on MLS.
Could this be considered a violation of the shared septic agreement? If so what is the liability on the property it something goes wrong (e.g. the system fails and floods neighbors home)