Conveyancing misrepresentation

[atticus]

But you had surely been experiencing the problems before then.

[Strawberry22]

It started on the 13th February 2022 when we wrote to our neighbour asking to upgrade an area of drainage on our land it had been surveyed by our drainage expert and he found our neighbours pipe. The pipe entry point is not easily visible it is tucked away very low down at the bottom of a wall with a hedge in front of it. Our garden is raised up 1.2 metres above the wall. We didn't know it was there it had been missed on our house survey we checked his report.

The neighbour inspected the proposed area of work, consented in writing and we sent him the bill when completed. He responded as follows:

'We cannot see how we are liable for any costs to the new drainage as there is nothing in the deeds of our property. We are unaware of any liability that we may have and will not pay unless you can persuade us otherwise'.

Building control officer visited in October to sign the drainage off and were very sympathetic he advised us to look to see if any planning applications had been made to our neighbours property or any aspect of the drainage had been changed. Which we did and we discovered the extension and upgrade of drainage to their property. A Planning officer clearly said inform neighbour consent needed and our neighbour agreed to the work.

We informed the neighbour we had no idea work had been agreed in 2009 by our previous owner or the extension had been added and he said it's not his problem and blamed our vendor. He won't entertain it.


Sorry for the long message but it has been a long process.

[dslippy]

My point is that a nuisance is something which interferes with your enjoyment of your property. It is difficult to have a nuisance you do not notice.

[atticus]

That was my point about nuisance. It is not clear whether the OP has taken those points on board.

[Strawberry22]

Thank you I do see your point regarding the nuisance it makes perfect sense. We just do not know the long term plan for the drainage and would much rather be organised.

How are we going to explain this when we come to sell. We have drainage belonging to our neighbour which serves only his property and nobody is looking after it as according to him its not his responsibility.

The previous vendor gave him a right she did not take on the obligation of looking after it.

[atticus]

That's why I suggested taking advice about possible drainage solutions.

[Strawberry22]

Thank youI will do. I've looked at building regulations 2010 and you have to have drainage provisions and follow legislation by using a soakaway and underground pipework. Roof rainwater has to be discharged 5 metre from any property to avoid damage to the foundations.

When asked as a property owner presumably when he sells up (convyancer.) You must provide a building regulations certificate to prove the work is up to standard. We have the certificate how on earth is my neighbour going to explain this?

Do we have to give him the sign off certificate we paid for if he hasn't paid for any of the work, broke the original agreement to contribute and is claiming absolutely no liability for the drainage?