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Advice please! - new build easement issues

24

Comments

  • venna
    venna Posts: 131 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Good point David. I know we cant do raised beds (not movable) but what do you think to large planters (veg growing with kids)?
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I wonder if the 'strip' its referring to is the whole garden i.e. there may be parts of the garden you can't do much with, but the remainder you can. Then it depends on how much of the garden you can do things too.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A raised bed isn't a 'structure' in planning terms and would make little difference to the water company if they ever needed access to the sewer. Ordinary shrubs and plants wouldn't either, but it's in their (and your) interests not to have large or invasively-rooted trees, like willow or poplar, planted directly above a sewer. They're trying to cover all bases.

    However, if I wasn't happy with a house, for whatever reason, I wouldn't buy it, even as a stop-gap.

    Stop-gaps are very costly compared with offsetting the risk which pets or children pose in rented property via higher deposits etc. Don't believe all the 'no children, no pets' you read. If you go in person, show you are responsible and and offer the right amount, doors open. I know, I've done it!
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 17 June 2016 at 5:34AM
    Well if you do decide to proceed - there is indeed the raised bed option. There are raised beds out there that could be dismantled if it comes to it (www.recycleworks.co.uk for instance have some). Worst case analysis being you remove earth/plants from them and unassemble them. Once work is done by Water Board - you re-assemble and put earth and plants back again.

    I've seen images of wooden raised beds on wheels before now. It wouldnt be beyond a competent handyman to make something like that.

    Trees can be in pots - miniature fruit trees for instance. I've had a mini tree in pot before now of a purely decorative variety - think it was called a Kilmarnock Willow? It isnt the same as plonking full-size trees in the ground and its more hassle to look after them - so that would be your decision as to whether you would be okay with that or no.

    Basically - there are work-arounds and no-one would ever guess they hadnt been your "free choice" to do them. It's your decision whether you can live with "work-arounds" - rather than doing as you decide re the garden.

    Gawdknows there are probably "compromises" on how one can get a garden together, compared to how you "Knew Your Garden would be when you got the next house". Tell me about it - having a garden that is "one heck of a challenge" to try and make it match the way I "Knew" my garden would be ....
  • venna
    venna Posts: 131 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thank you for the advice on raised beds!! I had assumed we wouldn't be allowed them. That has really given us options for using the garden as we wanted to. The Recycleworks website is great!


    Our solicitors, having stuck with us through 2 previous failed purchases (disappearing buyer then structural issues) is digging up all the info they can. They really are fantastic if anyone needs a recommendation in Cheshire West area.
  • marksoton
    marksoton Posts: 17,516 Forumite
    2 90 degree bends?!

    Can you post the plans?

    Whilst in itself it might not be a problem i've encountered NB developers who are less than competent when it comes to sewer installation.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Have you checked with the water company that they've signed off and are happy with "two 90 degree bends"? I wouldn't have thought the builders could get away with that.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I just read and keep asking myself just how much of the garden can a sewer pipe take up, even with bends. Surely if there was any digging, it would only be the sewer pipe tract.

    And therefore only that area where you have to be careful what you plant, in a practical sense.
  • venna
    venna Posts: 131 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    This is a north facing garden, shallow and wide:approx. 15m wide and 6m deep guessing from plan scale; smaller to east as garage takes up ~2 m depth. The protected strip runs from north-west corner to the east approx. 10 m and is approx. 3-4m deep. So the unrestricted area is a strip of patio running along north/back elevation of house and a small, sloped square behind the garage.


    While the sewer is only 450mm wide the easement/protected strip above has to be bigger to protect sewer from roots. It covers approx. 1/3 of the garden but that 1/3 is the majority of the useable and visible space which gets any sunshine.


    I can't upload the plans (tried but failed plus don't want developer to have an issue with us 'publishing' them). The sewer runs from other houses (15 yr old development) to the north. It used to run straight down though where our plot now stands. So as it enters the north of the garden they put in a 90 turn to the west, and then ~8m later a 90 degree turn to the south to route it around this plot/house. The turns on the plan are just covered by big filled circles. The disused sewer still runs under the house (pile foundations).


    Just had more contact from developer. They still don't understand the covenant regarding plants and don't see the issue with planting but will change it if we insist. Plus they have had a survey done to answer our questions about the sewer!!!!! This suggests to me they don't have any info on how they built it?!?!


    Aaaargh!
  • venna
    venna Posts: 131 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Sewer is 450mm and concrete
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