Schroeder Law Offices not only advises on water issues, but we practice what we teach. Schroeder Law Offices strives to connect with our clients on a personal level and to understand the practical implications and inconveniences client issues have on your lives. We can do this, because we are people, too!
Schroeder Law Office Attorneys are ranchers, farmers, and rural homeowners. Attorney Caitlin Skulan recently lived out some of these rural inconveniences when dealing with failed rural home water and sewer infrastructure.
In her free time, Skulan spends time on a small 5-acre, in her words, “fixer upper” farm purchased with her husband in 2020. Before and after work, Caitlin gardens, takes care of livestock, fixes fences, repairs and remodels outbuildings, and chases escapee chickens. Being on a rural lot, Caitlin’s water is provided by a well. The home is also equipped with a septic system for sewer.
All was good as far as the water and sewer infrastructure for the first two years. However, as any experienced rural homeowner knows, the lack of monthly sewer and water bills eventually comes with a price.
I. Lessons in 1960s Septic Systems
Imagine, your in-laws are visiting for a week from out of town, your spouse is away for work, you are working full time developing cases for trial, and you receive a call from your house guests that the showers aren’t draining! You think nothing of it. The drain is probably clogged with your sister-in-law’s hair. You’ll take care of it when you get home. Then the second call comes, the toilets aren’t flushing! Now you start to worry.
Fast forward two days, three plumber visits, and a houseful of very disgruntled relatives, and you make a band aid fix, receive a quote for a complete septic line replacement, and are internally cursing the inventor of “Orangeburg” piping.
Orangeburg pipe is a bituminized fiber pipe made from layers of ground, compressed, wood pulp, bound by adhesive, and impregnated with coal tar pitch. Effectively, it’s a cardboard pipe lined with tar. Also known as “no-corrode” pipe, Orangeburg pipe was commonly used for sewer pipes in homes built between 1945 and 1972. The product owes its origins to World War II when iron and steel commonly used for sewer pipes were critical to the war effort and thus in short supply for building homes. The use of Orangeburg piping continued after the war ended because it was inexpensive.
Even when installed, the pipe was generally expected to last 50 years before deteriorating conditions would cause the systems to falter. As Orangeburg piping is essentially asphalt soaked paper that is in constant contact with water combined with the pressure of the soil above the pipe and subject to penetrating tree roots, it is not surprising pipes collapses and the system fails. This is what Caitlin experiences in her 1960s home, requiring the pipe to be dug up, removed, and replaced with a new line.
II. Sediment, Well Casing, and Calcium Deposits
A few weeks after the septic repairs, Caitlin noticed a reduction in water pressure and sediment in the water coming out of her faucets. Luckily, no house guests were present at the time. Initial research indicated this could be an issue with the well and a well company was called.
The well inspection indicated two things. First, the water tank was flushed, and the well was in working order, but needed a sediment filter to filter tiny flakes of well casing out of the water. This is a cheap and minor fix as far as well repairs go. Second, the water filtration system for the well needed to be replaced. Caitlin, having completed the well inspection, sellers’ disclosures, and water quality test at the time she and her husband purchased their home, didn’t even know a water filtration system existed on the property and had, in fact, been advised not only to the contrary, but that given good water quality, one was not necessary.
A new water sample was taken and a water quality test conducted to ensure the scope of filtration needed for the well. While the water quality was within the limits of safe drinking water, the calcium levels were high enough to create concerns with the plumbing in the long term. Calcium deposits in pipes are common in homes with “hard water” or high mineral contents. Hard water can, and typically does, build up in drains and pipes. When left unresolved, this can cause corrosion or blockages. While blockages in drainpipes can be easily and inexpensively resolved, the same is not the case for water supply pipes. As such, the industry recommendation is to install a water softening system to prevent blockages from occurring or increasing.
III. Takeaways
At Schroeder Law Offices we emphasize due diligence before purchasing a property in an effort to “spend a dime to save a dollar.” In the context of our practice, this usually means researching the validity, ownership, status, and adequacy of water rights that accompany rural properties. However, completing due diligence research and inspections on rural water related infrastructure is important, too.
For water supply, a well inspection and water quality test by a reputable company is a must when considering purchasing a rural home. However, lessons learned would recommend the well inspection and water quality test both be taken one step further. Rather than rely on seller or realtor representation regarding water supply infrastructure, attend the well inspection yourself. Ask the inspector to explain the system and its maintenance and upkeep. If necessary, schedule regular inspections to ensure everything is in working order.
When water quality tests come back, even if safe for human consumption, ask the well inspector or a plumber if there are any concerns from an infrastructure perspective. If the water is hard, will it cause build up and is there any sign of mineral build up at the time of the inspection? If a water filtration system must be installed, consider it in your purchase price or asking that one be installed by the seller prior to closing.
For septic systems, if the home was built between 1940 and 1990, strongly consider an inspection of the piping. As Caitlin learned the hard way, having a septic inspection and service does not include an inspection of the pipeline from the home to the septic system. Consider paying for a plumber knowledgeable in Orangeburg pipeline to camera and inspect the lines from the home to the septic system. If the pipe is Orangeburg, factor replacing it into your purchase price or consider requesting the pipe be replaced by the seller as a latent defect in the property.
