Four Property Ownership Situations Where You Don't Need A Title 5 Septic Inspection

If you own property in Massachusetts, you should be familiar with the Title 5 regulations. Title 5 mandates that any real estate property with a septic tank must undergo a complete inspection if it is being sold or changing ownership. The inspection is intended to ensure that the septic system is adequate for the property and safely maintained to reduce the risk of environmental contamination. There are a few situations, though, where you won't have to pay for an inspection. Here's a look at the property transfer situations that are exempt from Title 5 septic system inspections.

Immediate Family Transfer

If you're transferring the ownership of your property to a member of your immediate family, such as your spouse, child or sibling, you won't be legally required to have an inspection completed. You can also transfer the property to a trust without completing an inspection. The only condition is that one of the beneficiaries of the trust must be a member of your immediate family.

Mortgage Changes

As the property owner, you can refinance your mortgage without having to worry about requesting a Title 5 inspection. This holds true even in the event that your refinance leads to a change in lender, which means that you have a different company holding the financial interest in your property. You can also take out a second mortgage or apply for another security loan on the property as the owner without having to seek an inspection.

Guardianship Appointments

If you are reassigning the conservator or trustee on the property, you can make that change without needing a new Title 5 inspection. You'll also be able to make changes to the proportionate interests of the beneficiaries of the trust if the home is in a trust.

Upgrade Plan Approval

If the new owners of the property enter into an agreement with the Board of Health to complete a comprehensive septic system upgrade that will ensure that the system is compliant with the Title 5 laws, you won't be required to have a pre-sale inspection. Instead, the new owner will have to complete an inspection once the upgrades are finished.

Understanding which situations exempt you from the Title 5 inspection can save you time and money during your ownership transfer. Whether you're selling to an immediate family member or having the buyer replace the system, you can sell your property with the confidence that you are complying with the Title 5 regulations. For more information, contact a company like John C Parmenter Inc.


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