What to do if property won't pass perc test - Posted by Phyllis Gunkel

Posted by Nate(DC) on July 21, 2003 at 13:57:45:

  1. how can the County or State allow a property to be called “residential” if it has not passed a perc test?

“residential” is a zoning classification, determining what can LEGALLY be built on the site. It does not warrant what could PRACTICALLY be built there. The County has no money to do a perc test on every plot of land in the county.

  1. if MY property doesn’t pass the perc test, what recourse do I have? I’ve tried giving it to charities, tried giving it to the state, threatened the County that I’d just stop paying taxes and let them have it.

You could always let it go to tax sale (the latter) if you don’t want it anymore. Maybe an adjacent landowner would pay you a nominal sum for it, even if it’s not buildable (??)

  1. since the property was bought as an investment, if I give it away or just cede it to the County, will IRS give me a tax break?

If you sold it at a loss, you could claim a capital loss. I am not sure if letting it go to tax sale constitutes “selling it” or not for tax purposes; you should probably consult a tax advisor on that.

NT

What to do if property won’t pass perc test - Posted by Phyllis Gunkel

Posted by Phyllis Gunkel on July 21, 2003 at 13:03:08:

In the 1990s, my husband (now deceased) bought a lot at auction for investment purposes. The lot is in Anne Arundel County, Maryland, and is zoned for residential building. Recently, I had an offer to buy the property if it perked. The buyer had a perc test done but the property failed the test. The County now says it will send someone out to “look at” the site to see if the property is salvageable.

My question is threefold:

  1. how can the County or State allow a property to be called “residential” if it has not passed a perc test?
  2. if MY property doesn’t pass the perc test, what recourse do I have? I’ve tried giving it to charities, tried giving it to the state, threatened the County that I’d just stop paying taxes and let them have it.
  3. since the property was bought as an investment, if I give it away or just cede it to the County, will IRS give me a tax break?

Thank you!

Re: What to do if property won’t pass perc test - Posted by Greg Meade

Posted by Greg Meade on July 21, 2003 at 20:46:50:

Phyllis,
I had a property in Texas that would not perc cuz of black gumbo (clay) soil. Wanted to put three mobiles on 2 acres and it would not perc for one! Of course i found this out AFTER i had bought the proerty. Got on-line and discoverd this great product…an aerobic system that works off a small sewer system (in the ground) and sprinkler system. I loved it…put all three mobiles on one system and electric was 29 per month avg. Maintenance contract was 200 per year and i added 25 per lot rent to recover this added cost. System cost 8k which was cheaper than three conventional septics.(3,800) apiece. The water discharged is clean and odorless and in 6 years, never had a prob. Art Byrd at eco-logic in Alvin,TX did my work…must be one or more companies in your area? Good Luck!