Should I Sign a Deed of Easement?

m_13

You may be interested in this news story.

It says:

Environment Secretary Hilary Benn confirmed that in three years' time, private sewers and lateral drains that connect to the public system will become the responsibility of the water companies.

Mr Benn told the Commons that adoption of the private sewers would now mean peace of mind for millions of families.

He said: "It will release many householders from a liability they often don't know they have until something goes wrong and they face a hefty bill to sort it out."

Other recommendations adopted included the creation of a National Flood Forecasting Centre due to start operating in April; cash for councils like the Metro to assess and manage flood risk; setting up a National Flood Framework and emergency plans to counter flooding in the case of reservoir breaches.

The news story is from December 2008 so it looks like all water companies will be responsible for private drains in three years time so it looks like then 'your' drain will become theirs anyway.

The DEFRA webpage about this is here: http://www.defra.gov.uk/environment/water/industry/sewers/existing/

I would be having a strong word, via a Solicitor, with Grainger Homes. The search would not have shown an unadopted sewer but they must have either intended to have them adopted (and not told you) or decided more recently to have them adopted (and not consulted you). Either way it's not on!

Jackie235

Thanks, I just have to wait for the solicitor that I dealt with when I purchased the house getting thier backside into gear and getting me the copy of the origional documents. I wont hold my breath waiting!

Can anyone tell me, Should this sewer have ever been through running the garden or should it have been located in the road, most of the stuff i have read up on says it should be in the road!

Or maybe it is because on the origional planning application there was going to be a road there? then they got rid of the road?

Bizarre, it could only happen to me!

ScouseIrish

In the mojority of situations, the best position for the sewers is under roads as they are a lot easier to access than in people's gardens. If there was originally a road planned for your garden, it makes sense that they would have tried to keep the sewer under it. Unfortunately for you, things didn't work out as they planned.

Having said that, there are plenty of situations where easements run through gardens or under houses (although that is not the preferred option). Sometimes its the only possible way to bring a drain/sewer. Thats why you often see large gaps beside houses where there shouldn't be gaps.

Jackie235

Update, we are no further forward at the moment, Grainger Homes (PLG) have now been in touch as we have apparently not responded to the solicitor.

I am not sure quite what to do now. Our garden is effectively useless once the deed of easment is signed. I will be asking them to put in it that if any damage is done that they return the garden to its former state .

But, im still not happy that Grainger didnt see fit to tell me that the garden contained a unadopted sewer when I bought the house, do I have any right to ask for compensation from them for mis-selling or failing to disclose?

I feel that anyone purchasing the house in the future should I decide to sell would be told about this from water and drainage searches, however i never go the chance. had i known i dont think i would have bought that particular house and would have opted for one with a usable garden.

Any leagal eyes looking at this what do you think????

silvercar

Without legal opinion, I would be inclined to refuse to sign, tell them to shift the sewer as you are planning to build a conservatory on the garden.

Jackie235

in the convenant on the deed to the house it says we must agree to sign and easments that are presented to us? can i still ask them to move it?????

poet123

I agree,I would tell them that you had no idea this sewer was there,and have the intention of building a conservatory,so what would they advise. If they think you are going to build they may well decide to move the sewer at their expense,if you give them carte blanche to dig up your garden they wont bother going any further.

GDB2222

We have been approached by a solicitor for the water board (northumbrian water) asking us to sign a deed of easement so they can have access to the public sewer in the centre of the garden.

So, what is the water board planning to do when you refuse to sign this deed?

Jackie235

dunno realy, I think from the letters they are sending (grainger homes) they are saying that it will remain my responsibility and if it bursts or something i will have to foot the bill.

GDB2222

Jackie235 wrote: »

dunno realy, I think from the letters they are sending (grainger homes) they are saying that it will remain my responsibility and if it bursts or something i will have to foot the bill.

That's wonderful for the water board. You've got to pay for their sewer if it breaks, unless you sign the deed. So, why exactly are they so keen for you to sign their deed? Hmmm?

Clearly, you need independent legal advice. How's that coming along?