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public drain curtillage of the property
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a conveyance search has revealed that if i wish to build (patio /extension etc )in the back garden of a mid terrace house i wish to purchase , i have to get permission of f the local water authority as "there is a public drain running thru the curtillage of the property", my solicitor informs me this is just standard and non serious but is obliged to inform me of it - is this true or is it a serious problem that would require negotiating a lower price ?
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it just means that if there is any problem with the drain in the future, the water authority have the right to access it, digging up your patio if necessary ...
if the drain is in good repair, i can't see a problem.
if it's very old, and prone to leaking / blocking, then I'd consider replacing that section before laying the patio
if the drain is in good repair, i can't see a problem.
if it's very old, and prone to leaking / blocking, then I'd consider replacing that section before laying the patio
Whilst these easements are common the effect can be financially very serious inasmuch that if through constructing a conservatory over the drain you stopped it from functioning then you would be liable for substantial damages to the water company and all other adversely affected properties. Before you complete the purchase tell the water company of your proposals and obtain their requirements in writing. You can then judge for yourself what to do.
It is serious in a way, not a block to buying the property, nor really grounds for a reduction but you have to be aware of the restrictions it places on you.
Putting a patio or path over it is feasible, but nothing more, and definitely nothing that requires planning permission - as you won't get it. If you damage the drain by building on or interfering with it, you will have to pay the water company's costs in digging up your garden to fix it! If it's damaged for any reason, they will have the right to come through your garden with a JCB; they will pay general 'make good' costs but not 'rebuild my conservatory' costs.
Also, our water company insisted on a minimum of 1.5m clearance each side of the line of the drain, so you can't even go near it with building work.
Putting a patio or path over it is feasible, but nothing more, and definitely nothing that requires planning permission - as you won't get it. If you damage the drain by building on or interfering with it, you will have to pay the water company's costs in digging up your garden to fix it! If it's damaged for any reason, they will have the right to come through your garden with a JCB; they will pay general 'make good' costs but not 'rebuild my conservatory' costs.
Also, our water company insisted on a minimum of 1.5m clearance each side of the line of the drain, so you can't even go near it with building work.
The above answer is wrong. If a property owner damages a service which is the subject of an easement then the property owner must pay the full cost of repairs plus any claims from adversely affected other users and any claims from damaged surrounding owners.The service company will not pay any part of the cost. It does not matter how the damage is caused or whether it is direct or indirect. Even if the service company does not object to the installation of a conservatory and you follow its requirements to the letter you are still liable.
Part of the above answer is undoubtedly wrong.
The above answer is true, because we were in the same situation as the questioner, and we had to research it with our water authority (Severn Trent) so we found out all the details from them. I have just repeated what ST told us. Or to be specific what an employee of ST told us.
Go on, GS, tell me how many �10,000s of pounds damages they'd be liable to. There's nothing costed at less that �10,000 in any of your answers.
Services aren't subjects of easements. An easement is a right to access a piece of land, often for a specific, limited purpose and usually only by named person(s) of organisations.
The above answer is true, because we were in the same situation as the questioner, and we had to research it with our water authority (Severn Trent) so we found out all the details from them. I have just repeated what ST told us. Or to be specific what an employee of ST told us.
Go on, GS, tell me how many �10,000s of pounds damages they'd be liable to. There's nothing costed at less that �10,000 in any of your answers.
Services aren't subjects of easements. An easement is a right to access a piece of land, often for a specific, limited purpose and usually only by named person(s) of organisations.
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