• Public Sewer

    By Guest on 13th Jul 2016

    Public sewer owned by Southern water under the wall or just next to wall of semidetached property- what are issues? DO i need to consider to pull out from the sale or any other things I need to inform solicitor to avoid problems later

  • 5 Answers

    By Guest on 14/07/2016

    Assuming there is build over agreement in place (there might be) and nothing contained in the planning consent for the construction of the property then you can get indemnity insurance for lack of a build over agreement, so it isn't necessarily a major problem. Discuss it with your solicitor.

  • By Guest on 17/07/2016

    Thanks for you reply.
    If there is a build over agreement and if this is there in the planning consent then do we still need indemnity insurance?

    If both of them are not there then can we ask seller's solicitor to deal with these?

    Also if this is not there in planning consent then what are the issues?

    Thanks.

  • By Guest on 17/07/2016

    Hello,

    A build over agreement is a consent from the water authority to the building over the sewer. They will sometimes impose conditions like making sure there is sufficient access to the sewer, so if an agreement is in place then there is no problem and no need for indemnity insurance. If the planning consent has conditions relating to the access to the public sewer then again, this is consent and there is no problem.

    If there is no agreement and nothing in the planning consent however, if the water authority have to access the public sewer and the only way to get access is to demolish or damage the structure that is built over it then they have the right to do so and do not have to compensate you. This is what the indemnity insurance is for, to cover your losses if this happens.

    As I understand it (though I am certainly not an engineer) the technology they have now means it's rare that they would have to demolish any structure to get access.

  • By Guest on 17/07/2016

    Thanks, build over agreement and planning consent if it is not there, can I ask the sellers solicitor to get that?

    Thanks again.

  • By Guest on 25/07/2016

    Thanks, build over agreement and planning consent if it is not there, can I ask the sellers solicitor to get that?

    Thanks again.

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