Build over agreement

[thomp1983]

Hi,

The house we are waiting to exchange on had a conservatory built on the side around 1991, the property is the corner plot so there is a manhole on the front drive, this then travels diagonaly across the corner of the property to another manhole that then runs parallel across the back of 3 properties.

The conservatory is built over the diagnol sewer pipe, our solicitor is insisting the seller has to produce a build over agreement for the conservatory which was built before her ownership or purchase an indemnity policy, did build over agreements exist in the early 90's I seem to think that the water authorities only claimed ownership of sewer pipes on your property fairly recently and as such a build over agreement wouldn't have been required back then and the seller doesn't need to do anything.

Our solicitor is being quite difficult about this and refusing to accept anything other than the build over agreement or indemnity policy inspite of me instructing them it's not an issue to me as I'll be rerouting the drain shortly after moving in anyway due to building an extension.

Thanks
Chris

 

[DevilDamo]

The rules for BOA’s changed in 2011 so it may well have been private at the time. The conservatory may have also been exempt from BR’s, which is the normal trigger for BOA’s.

 

[^woody^]

You instruct your solicitor, he only advises.