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Private foul water responsibility

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  • #16
    Re: Private foul water responsibility

    Originally posted by R0b View Post
    the searches may tell you some information but I'd be more interested in seeing what inquiries the conveyancer made to the seller and if those inquiries were sufficient based on the information the conveyancer had. If the seller gave a misreprensation you can sue the seller, alternatively if the conveyance was negligent in carrying out the necessary inquiries then you may have an action against them.

    Equally from what your deeds say, it says you have a right to run the water onto the neighbours land and uninterrupted, what it doesn't say for example is the right to install, reinstall, maintain, repair etc.

    Arguably since the deeds says a free right, that could imply you have a right to repair or install pipe work that can be connected to the tank, but I doubt it means you can dig up any land of the owner, and presumably you'd have to make good. Does the deeds or plan identify or make out where that right is in the neighbours land?
    I should have said...it does state in my deeds i have right to repair and maintain and to access the Retained Land to do so as long as i give written notification and make good any damage caused. The drainage pipe, once it leaves my land enters onto the Retained Land.

    I'll have to ask my conveyancing solicitor about what was said if anything at the time...but this will cost me money!

    i think it all lies on EH giving me the details of the complaint made against me and as my neighbor told EH where the bath and sink run to, this surely proves he is and was always aware of where it runs to. i can request the details of the complaint the freedom of information act (i think!)

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