Searches showing issues, right of way and culvert

Dhb123

Been looking at houses for nearly 2 years and finally found one I love, offered the full asking price which was accepted and the vendors have found a no chain property. Have a large deposit so mortgage agreed no problem but two things have shown up on the searches that have me worried but solicitor doesn’t seem too fussed so not sure what to make of it, are these things to be worried about to the point of withdrawing my offer?

Firstly, there is marked public right of way through the garden (there is no sign of this in reality just on the map). This right of way looks like it goes through around 30 gardens (it follows the road) and actually through a couple of houses so it looks like a historical right of way that’s no longer used (it follows the road so would be pointless to climb over peoples fences when you could use the road.)

Secondly, I was surprised to see a medium risk of flooding show up. Using the EA flood risk map it appears that an underground stream goes behind the house. The flooding looks like it would only effect the garden, house appears to show no flood risk and I did a buildings and content insurance search and all the quotes are coming out normally but my concern here is that if there is a culvert running under the garden my understanding is that if anything was to happen to the structure it would be my responsibility as landowner to fix it, so a burst culvert could bankrupt me. Is that being a bit too risk adverse? The current owners have been there since 1992 with no flooding ever. I guess the chances of having to deal with any repairs to that structure that would happen under my land are low but is it a risk worth taking ?

What are your thoughts? Any advice would be appreciated.

G_M

Dhb123 wrote: »

Firstly, there is marked public right of way through the garden (there is no sign of this in reality just on the map). This right of way looks like it goes through around 30 gardens (it follows the road) and actually through a couple of houses so it looks like a historical right of way that’s no longer used (it follows the road so would be pointless to climb over peoples fences when you could use the road.)
Do the Title docs indicate when the ROW was created, or how historic it is?

Is it 'by foot' only, or also vehicular?
Is it a public ROW, or for the benefit of the neighbours?
What is at either end of the ROW?


You have to take a view. Worst case is that somone with the benefit of the ROW (either public or a neighbour) suddenly decides they want to use it, either for their convenience, or because you've p*ssed them off, or ... just because. Could lead to either a need to provide gates through your fence(s) and acceptance of random people walking through your garden, or a stressful, costly legal battle.


If that potential prospect appalls you, you might want to pull out. ROWs cannot easily be removed, if at all. And indemnity insurance won't stop those random pople in the garden.


Having said that, it seems a very remote posibility. And you may not think it's the end of the world anyway. My neighbour has a public ROW across their lawn from the stile by the road to the field behind their house. Maybe 2 or 3 times a month a walker crosses their garden, smiles if they see them, and disappears across the field.



Secondly, I was surprised to see a medium risk of flooding show up. Using the EA flood risk map it appears that an underground stream goes behind the house. The flooding looks like it would only effect the garden, house appears to show no flood risk and I did a buildings and content insurance search and all the quotes are coming out normally
what are the levels like? Is the house higher than the garden?
'behind the house'- how far?


but my concern here is that if there is a culvert running under the garden my understanding is that if anything was to happen to the structure it would be my responsibility as landowner to fix it, so a burst culvert could bankrupt me.

would that not be covered by insurance? I'm not sure but talk to an independant insurance broker who might recommend a policy that would cover it (asuming the standard meercat policies don't)

Is that being a bit too risk adverse? The current owners have been there since 1992 with no flooding ever. I guess the chances of having to deal with any repairs to that structure that would happen under my land are low but is it a risk worth taking ?

What are your thoughts? Any advice would be appreciated.

It's surprising how many properties are designated 'at risk'.Often from 'surface flooding' eg after heavy rain. As with the ROW you have to take a view. Sometimes a house is so perfect in other ways that it's worth the marginal risk - but only you can decide how risk averse you are.......



Lots of info here on responsibilites....:
https://www.gov.uk/guidance/owning-a-watercourse

getmore4less

The ROW may have been moved when the properties were built.

Check the planning.

D_M_E

If the ROW goes through a couple of houses then it's most likely it was removed when they were built.

Try asking the council planning department if it was as part of planning permission.

As for the rest, wouldn't that be covered by insurance?

davidmcn

Dhb123 wrote: »

two things have shown up on the searches that have me worried but solicitor doesn’t seem too fussed so not sure what to make of it

So discuss them with your solicitor, surely?