Buying a house with unclear boundaries / responsibilities

locky11

Me and my partner are going through the process of buying a property and are almost ready to exchange of contracts.


There is just two main outstanding queries which the sellers solicitors have been vague in response.


There is a culvert which runs under the front garden / driveway which appears to have been created when the estate was developed over 20 years ago. We have asked the question who is responsible to maintain the culvert and if there are any 3rd party agreements. The response was that the seller does not know who is responsible and has had no issues over the 18 years they have been there. We feel this response is unacceptable and reluctant to exchange contracts without knowing the full implications.


Has anyone had a similar experience and how would you recommend we proceed?


Similarly there is a retaining wall to the boundary of the property and local authority field. The wall runs the length of the field over a number of properties and we are none the wiser to who owns and maintains the retaining wall.


Although problems with the culvert or wall are rare we feel the implications could be costly. Should we renegotiate the price or are we being nervous?


Thanks

G_M

You are being nervous.

If the prospect of a potential future cost regarding either issue is putting you off the property, then don't buy it.

These are common issues (well, boundary walls/fences). The calvert? have some drain rods handy just in case.

If you like the house enough, just buy it.

note:

The response was that the seller does not know who is responsible and has had no issues over the 18 years they have been there. We feel this response is unacceptable

what do you expect him to say if he does not know? I guess he could lie, but that would be immoral, illegal, and stupid!

moneyistooshorttomention

As that adjoining field is owned by the local authority, then I would have thought it's easy to ring up your local Council office and ask them who owns that wall. If you get an unhelpful sort at the end of the phone, then ask the Councillor for that ward to find out.

I must say I would just assume that, with the wall "serving" a number of properties then it must belong to the owner of the field (rather than each property owning just the bit immediately behind their own garden) and would have been working on the basis that the whole wall is property of the Council anyway.

I would wonder about the culvert though and want to find out if I was still interested in the property with that (bearing in mind that blimmin' insurance company question these days about how far away the nearest water course is and some of them, at least, then go on to specify every single type of water course they can think of, as well as rivers and the sea).

locky11

Thanks, that's great help - I will try the local council today.

Regarding the culvert, I would have thought the seller should investigate further and determine the ownership and responsibilities. At least have it inspected if it hasn't been maintained in 18 years.

We are very interested in the house but obviously don't want to get caught out.

Should we just take the bull by the horns and get the culvert inspected and counter charge the Seller? Or request the price is reduced to take into consideration this risk?

Thanks

silvercar

We have a culvert at the back of the garden. Our deeds say we are responsible for keeping it clear.

I rang up someone (I think environment or water people). They said I was responsible for keeping it clear of dead cattle! Unless the dead cattle arrive by helicopter I don't know how they would get into the culvert, it is completely land locked by private houses' gardens. I must also do nothing to impede the natural flow of water - I haven't seen any water in it for 5 years, someone further up water must be impeding. :shrugs:

AdrianC

locky11 wrote: »

Regarding the culvert, I would have thought the seller should investigate further and determine the ownership and responsibilities.

They've not felt the need to find out in 18 yrs of buying there. Their solicitor didn't feel the need to find out when they purchased. If you _do_ feel the need, why is it their problem? All they know is that it isn't their culvert, so it isn't going to be your culvert either.

At least have it inspected if it hasn't been maintained in 18 years.

Hasn't it? You don't know that. All you do know is that the vendor hasn't maintained it, and hasn't had any problems in 18 yrs. If it really had been ignored for 18yrs, without issue, then why would it have an issue next winter or the one after or the one after that? Either somebody else has been maintaining it for all that time, or it doesn't appear to need any routine maintenance.

G_M

silvercar wrote: »

.....- I haven't seen any water in it for 5 years, someone further up water must be impeding. :shrugs:

Clearly someone with a helecopter......

locky11

The thing is Adrian they don't know who the culvert belongs to.

We would expect for one of the solicitors to find out, or at least some advice rather than 'dunno'! What are we paying our fees for?

We have had to rely on the good people in this forum for advice which we are really grateful.

Regarding it being 'ok' for 18 years, there is no telling what blockage if any has been building up. There may be a whole farm yard down there for all we know. And there is the structural integrity to consider of the culvert... we don't want lose the removal van when driving over it.

We understand we are being cautious and probably need to be more open but as first time buyers making the biggest purchase of our lives we want to make sure we have covered everything.

We have now found out through my own investigation that the culvert is the responsibility of the water company... where should we send the bill for our time?

Still none the wiser regarding the retaining wall. Have contacted the LA and they said they have no land in the area. The field leads to a recreation park so would have thought it is LA?! Will pop down there tomorrow to see if there are any ownership signs that will shed some light.

Thanks for the help.

silvercar

We have now found out through my own investigation that the culvert is the responsibility of the water company... where should we send the bill for our time?

The bill for your time in investigating this? It is called due diligence and down to you. Any investigations you decide to do in connection with your potential purchase of a property are down to you. It is like you getting a survey on the property, your choice whether to do one and you pay for it.

oldandhappy

The water course opposite us was updated a few years ago when 5 properties where built on the adjoining land that was previously(loverly before but progress!!) left to grow wild. The 5 residents are responsible for the maintenance of this now. It is essential to the land around here and without it many area would be flooded.
You really should get an answer to this before you proceed I think as the update to this watercourse cost many thousands of pounds.

AdrianC

locky11 wrote: »

The thing is Adrian they don't know who the culvert belongs to.

We would expect for one of the solicitors to find out, or at least some advice rather than 'dunno'! What are we paying our fees for?

A very good question, if your solicitor won't investigate any further than "The vendor says he doesn't know".