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Help or advice with conveyancing issue

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  • Help or advice with conveyancing issue

    I purchased a end terrace property in 2003 which I thought had a lot of potential with a large amount of land to the side of the property. In 2004 I decided to extend the property and through an architect I submitted plans for a 2 storey extension. Planning permission was granted but when it got to building regs I was informed that there was a 225mm foul & storm sewer running directly through the line of my proposed extension.

    After 2 years of trying to obtain a build over agreement with no success I was told my only option would be to divert the sewers at a cost of over £15k. I was advised this should have been picked up in the conveyance searches but did not receive any paper work relating to this. So I contacted the solicitor that dealt with the purchase and they said they would have a look in the archives, I have since been told they cannot find a copy to prove that they carried out the drainage and water search.

    I would like to know where I stand legally, any help and advice would be much appreciated.

  • #2
    Unless your solicitor was specifically told that you wanted to build on the land at the side I doubt if he would have any liability if he did not carry out a drainage saerch. They provide information which is sometimes useful (as in this case) but often not of much relevance in deciding whether or not someone should proceed with a property purchase.

    I am surprised that you did not check the location of the sewers as part of your rpeliminary work in deciding about the viability of the project, bfeor commissioning architexcts and applying for planning permission. You would have surely wanted to know how you were going to connect the property to the sewerage system?

    As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Just an update after requesting my file from the solicitor I have since found out that me and my mortgage company HAD informed them that I was going to build on the land! From correspondences between them and the mortgage company. And further evidence of negligence I have proof that they did carry out a drainage & water search and the information about the sewers was contained in the report. I AM SURPRISED that after they were told about my plans to build they not only failed to notify me about the sewers they failed to enter it in the report they complied, and failed to forward the paperwork that I paid for. I have instructed my solicitors need I say more Mr Webster.

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      • #4
        Did they not send you acopy of the drainage search? This would have showed the line of the sewer.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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        • #5
          No they did not send me the paperwork for the drainage & water search back in 2003 and they have not even got a copy themselves! I have obtained conformation in writing from a third party that a search was carried out by the Solictiors in 2003 and I now know that 4 main sewers were picked up at the time! Had I known about this vital information back then I would not have purchased the property knowing that I could not extend untill I paid 20k+ for the diversion. Why would I buy a 2 bed house knowing that my boy and girl would be sharing a room, it would have been better for me to have waited to be re-housed by the council. I would now be in at least a 3 bedroom house with the benefit of having separate bedrooms for my children.

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