We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
No buildover agreement from neighbours - are we liable?
ButWhatIf
Posts: 5 Forumite
Hi, I'm new to this forum but hoping someone can help! I plan to contact the law society tomorrow to get advice from someone in the field as a regular property solicitor was unable to help.
My neighbour asked if I would agree to having an inspection chamber moved into my garden when he was building an extension. I consented. He did a pretty crappy aesthetic job. There were a number of issues while he was building the extension that we pointed out to him after we moved in (it had been rented prior to tenants previously) including the state of the manhole cover. My neighbour smirked and didn't really give a rats behind. After we looked into the legalities of moving these things we contacted the water company who confirmed there was no buildover agreement. Our neighbour had been such an !!!! during that initial conversation about the issues we just didn't want to ask him about this stuff. Once we found this out I told my neighbour the manhole needs to be "legitimised" as I didn't want it affecting us if we want to move in the future or the water company wanting it moved. He ignored us and did nothing about it.
Fast forward a year and hes sold his house. However the building regs haven't been signed off as they need to access our garden to inspect the manhole. Only now is my neighbour trying to be accommodating. He has apologised for not doing things "properly" although this is clearly only because it affects him now and not just us. My questions are:
1. Our survey on buying the house said there was no manhle cover in the garden. Will the sign off from building regs be enough to satisfy a new owners solicitor?
2. The water company would now be aware as wed checked with them about a buildover agreement so we cant get liability insurance. Who is at risk here? Is is us with the new inspection chamber or the one that has been built over? Could the water company bill us (as it's on our land) if in the future they say it's not an appropriate place for the new inspection chamber? Or do I direct them back to the neighbour as he moved it?
3. Is there any mileage to getting him to apply for a retroactive agreement, allowing building regs in to inspect & sign off but getting him to sign a contract saying if the retroactive agreement isn't signed, he would cover all costs?
4. We do want him to move but obviously don't want to leave ourselves open to expensive bills or being unable to sell our own home. Or is all the vulnerability around the old manhole that's been built over rather than the new one that's been dug?
If you've made it to the end of that, thanks very much! Any advice would be appreciated!!
My neighbour asked if I would agree to having an inspection chamber moved into my garden when he was building an extension. I consented. He did a pretty crappy aesthetic job. There were a number of issues while he was building the extension that we pointed out to him after we moved in (it had been rented prior to tenants previously) including the state of the manhole cover. My neighbour smirked and didn't really give a rats behind. After we looked into the legalities of moving these things we contacted the water company who confirmed there was no buildover agreement. Our neighbour had been such an !!!! during that initial conversation about the issues we just didn't want to ask him about this stuff. Once we found this out I told my neighbour the manhole needs to be "legitimised" as I didn't want it affecting us if we want to move in the future or the water company wanting it moved. He ignored us and did nothing about it.
Fast forward a year and hes sold his house. However the building regs haven't been signed off as they need to access our garden to inspect the manhole. Only now is my neighbour trying to be accommodating. He has apologised for not doing things "properly" although this is clearly only because it affects him now and not just us. My questions are:
1. Our survey on buying the house said there was no manhle cover in the garden. Will the sign off from building regs be enough to satisfy a new owners solicitor?
2. The water company would now be aware as wed checked with them about a buildover agreement so we cant get liability insurance. Who is at risk here? Is is us with the new inspection chamber or the one that has been built over? Could the water company bill us (as it's on our land) if in the future they say it's not an appropriate place for the new inspection chamber? Or do I direct them back to the neighbour as he moved it?
3. Is there any mileage to getting him to apply for a retroactive agreement, allowing building regs in to inspect & sign off but getting him to sign a contract saying if the retroactive agreement isn't signed, he would cover all costs?
4. We do want him to move but obviously don't want to leave ourselves open to expensive bills or being unable to sell our own home. Or is all the vulnerability around the old manhole that's been built over rather than the new one that's been dug?
If you've made it to the end of that, thanks very much! Any advice would be appreciated!!
0
Comments
-
The liability is the built over section.
Your new manhole is presumably just an access spur for rodding so isn't even in the line of flow.
Very accommodating of you to allow it though... no good deed goes unpunished!0 -
@anselld thank you! So if the water company has a problem, it'll be with the old one being covered, not the new one being built? If building regs sign off the integrity of the build can you see any issue the water company could have with it in our garden?0
-
@anselld thank you! So if the water company has a problem, it'll be with the old one being covered, not the new one being built? If building regs sign off the integrity of the build can you see any issue the water company could have with it in our garden?
If they had a problem, it would be with the quality of the new manhole and the part being built over.
It only really becomes a problem to you if you decide to extend as well and your CCTV survey shows problems at your pipe end of the manhole. You'll end up paying to rectify it when you build.
You may have scuppered your neighbour's chances of buying an indemnity - if they are honest with their solicitor, but if the extension is new then the buyers would hopefullly demand sign off. No guarantees though.Everything that is supposed to be in heaven is already here on earth.
0 -
Why do people ask the water company?? Just get a Builder to hack it off and seal it to past condition and returf.
What manhole? Excuse me? Never heard of it, where is it on the deeds?
Let the neighbour face the music.0 -
We asked the water company cos our neighbour was a smirking smug ******** when we tried to discuss it with him. The council want to inspect and hopefully sign off the inspection chamber. This will be under the remit of the neighbours extension (so listed under the neighbours property, not ours). Assuming they are happy with the integrity of the build, if the water company have a problem it will now be documented under the neighbours work. Would that be enough to direct them to him if there's a problem? As in not hold us to account for expenses if it needs modifying/moving?0
-
If it's signed off, then there is no problem.
Building control won't sign off if the water company aren't happy.Everything that is supposed to be in heaven is already here on earth.
0 -
We have people in common so I'll know where hes moving to0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.6K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.5K Spending & Discounts
- 247.4K Work, Benefits & Business
- 604.3K Mortgages, Homes & Bills
- 178.5K Life & Family
- 261.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards