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    • gertie79
    • By gertie79 7th Jul 17, 10:53 AM
    • 14Posts
    • 4Thanks
    gertie79
    Conveyancer missed water issue
    • #1
    • 7th Jul 17, 10:53 AM
    Conveyancer missed water issue 7th Jul 17 at 10:53 AM
    Hi, we recently purchased a house and have just been told by a neighbour that his property and a neighbouring business use our water. We pay the bill and he then reimburses us for 25% and the nursery owner pays us 50%. I have contacted the water company who know that there are several properties attached to our meter and said that it should have come up in the searches our conveyancer did. I have checked and can see no mention of it. We aren't happy with this arrangement. The business is a huge plant nursery so I imagine they would use a lot of water and there is no formal agreement in place. We just have to trust that our neighbours will pay us back. Do we have any recourse to the solicitors for failing to discover this, or to the vendor for failing to disclose it? Thanks!
Page 3
    • AdrianC
    • By AdrianC 7th Jul 17, 5:11 PM
    • 15,496 Posts
    • 13,827 Thanks
    AdrianC
    What are the legal ramifications of misrepresentation?
    Originally posted by gertie79
    You can take her to court for costs that you can prove are directly arising from the misrepresentation.
    • Mojisola
    • By Mojisola 7th Jul 17, 5:12 PM
    • 28,549 Posts
    • 72,712 Thanks
    Mojisola
    You didn't ask for copies of any recent gas, water and electricity bills before exchange? I thought that was standard these days?
    Originally posted by AnotherJoe
    I showed the buyers of Dad's house the last year's energy and water bills. I thought it was quite normal.

    They knew that he was at home all day and needed the house quite warm but the bills were still relatively low because it was well-insulated so they knew they weren't going to be hit with huge bills.
    • moneyistooshorttomention
    • By moneyistooshorttomention 7th Jul 17, 5:13 PM
    • 13,987 Posts
    • 37,981 Thanks
    moneyistooshorttomention
    A solicitor could explain "misrepresentation" better.

    But basically, as I understand it, those answers the vendor gives on that form are legally binding and compensation is payable for any costs the buyer incurs as a result of wrong answers. That compensation can go all the way up to forcing the vendor to buy the property back again - ie in the case of really major level misrepresentation.

    In your position - I'd get on the phone quick to my local Water Board and just ask what costs (if any) there are to the meter installations. I dont know if Water Boards charge for business water meters - but your local Water Board will soon tell you if your vendor will be in a position that they owe you money because of their wrong answers.
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • AdrianC
    • By AdrianC 7th Jul 17, 5:14 PM
    • 15,496 Posts
    • 13,827 Thanks
    AdrianC
    They knew that he was at home all day and needed the house quite warm but the bills were still relatively low because it was well-insulated so they knew they weren't going to be hit with huge bills.
    Originally posted by Mojisola
    That's what the EPC is for...

    <hollow laughter>
    • G_M
    • By G_M 9th Jul 17, 5:51 PM
    • 41,984 Posts
    • 48,596 Thanks
    G_M
    (The Deeds) say 'Excepting and Reserving unto the xx Company Limited and their assigns the free passage and running of water from any adjoining or contiguous property belonging to them.'.
    Yes that paragraph is from the title document and that is literally all it says on the matter. No other documents are referenced.
    Originally posted by gertie79
    Well if you say that's all it says I suppose you must be right. But if so, I'm hugely surprised.....

    Can you quote the entire entry in the Register in full.......?

    Regarding the Ta6, it seems there was misrepresentation so you can claim any consequential costs.

    (But see this thread here for the rant we can then expect from your seller!)
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