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Old 05-31-2008, 01:14 PM
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Join Date: May 2008
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Default 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.
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Old 06-03-2008, 06:14 PM
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Location: Hampshire
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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
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