Property Search Error

Peter_87

We purchased our first property approx 18 months ago. Our solicitor carried out searches including the “Water & Drainage”.

Solicitor confirmed connection to water and sewers & that no public water or sewers crossed our property.

18 months later I am removing a row of trees from garden to open up garden and create a space for veg patch/greenhouse. While digging out roots I came across buried concrete structure.

After researching it seemed likely that I had found a stopcock so contacted water board. Water board came out and advised that property has a live water main that terminates in garden according to their plans and confirmed what I had found was water main. They then advised not to remove trees as roots may comprise water main if removed and that we would be liable.

We contacted our solicitor who has confirmed their search shows no water main.

Has anyone experienced similar issues with errors/incorrect information within searches? At this stage it is unclear if Solicitor is at fault or Water Board who provides information to solicitor within search.

As it stands we have a water main on property that may be affected by tree roots and are unable to proceed with plans to develop garden.

davidmcn

Haven't you seen a copy of the search? I suspect it's the search that's wrong, or rather the search may be an accurate report of what's in the records searched. The problem is that the location of pipes and cables often isn't accurately recorded - which is why developers make further checks of what's actually under there (using radar etc) before sending the diggers in.

G_M

Take a look at the search. If it shows the water main, then the solicitor is clearly at fault for telling you there was no water main there.

If it does not,then your solicitor cannot be held at fault.


(though you must have looked at the search yourself at the time as well......)

silvercar

After researching it seemed likely that I had found a stopcock so contacted water board. Water board came out and advised that property has a live water main that terminates in garden according to their plans and confirmed what I had found was water main. They then advised not to remove trees as roots may comprise water main if removed and that we would be liable.

Why would a water main terminate in a garden? Is the stopcock turned off? If not, who is it supplying and who is paying for the water? I'd expect more answers from the water board, particularly who is responsible for it's maintenance.

Peter_87

G_M wrote: »

Take a look at the search. If it shows the water main, then the solicitor is clearly at fault for telling you there was no water main there.

If it does not,then your solicitor cannot be held at fault.


(though you must have looked at the search yourself at the time as well......)

Will search for documents and confirm it states no water main.

If it shows no water main would that mean Water Board is as fault as they provided search information? The Engineer they sent had a map that showed a live water main so that would indicate they knew it was there.

Peter_87

silvercar wrote: »

Why would a water main terminate in a garden? Is the stopcock turned off? If not, who is it supplying and who is paying for the water? I'd expect more answers from the water board, particularly who is responsible for it's maintenance.

No body knows why it terminates in garden - found an original planning drawing from 1920s which shows an existing main on property but nothing was located here prior to building. Our property is not fed off of this main.

Water Board didn’t want to test stopcock as it had been buried (at least 20 years from conversation with neighbours about how long trees had been present) incase it causes an issue.

Engineer stated that it was public main so was their responsibility unless I was cause of damage (tree removal).

G_M

What are you hoping to achieve?
Compensation from someone(solicitor/water board/search provider etc)?
Removal of the water main?
Removal of the trees without risk of being held responsible for any damage to the wm?


To be honest,I can't see a successful outcome for any of the above, but perhaps you are seeking something I've missed.......

G_M

This was all covered, with similar advice given, in your earlier post.


https://forums.moneysavingexpert.com/discussion/6061318/old-water-main-under-tree

Davesnave

G_M wrote: »

This was all covered, with similar advice given, in your earlier post.


https://forums.moneysavingexpert.com/discussion/6061318/old-water-main-under-tree

You beat me to it. We all gave the 'wrong' answers over there, but the OP clearly wasn't happy, so he's tried his luck over here.:rotfl:

Davesnave

Personally, I'd feel confident in dealing with tree roots around a water main buried only about 600mm below the surface, though it would be easier if they were crossing a line of trees at a steep angle rather than following them.


There are various ways of accomplishing 'development,' including cutting down the trees and killing the stumps, grinding the stumps to below ground level and also careful removal by digging, all depending on local conditions.


It's the sort of practical problem that arises and taxes ingenuity, not something to go after a solicitor over. Going after solicitors isn't something one does lightly!

AdrianC

Peter_87 wrote: »

We contacted our solicitor who has confirmed their search shows no water main.

Has anyone experienced similar issues with errors/incorrect information within searches? At this stage it is unclear if Solicitor is at fault or Water Board who provides information to solicitor within search.

Sounds very clear to me.

The solicitor has reported back that the search results show no water main. Because they don't.

The water company will have provided the information in best faith, based on their mapping of their network - and there will be caveats surrounding that. The drawings are never 100% accurate - they simply can't be. It's a fact of life. Survey the ground before starting work.

A while ago, I was talking to some BT guys who were changing a pole on our property - they'd been doing one a few days previously, the other side of the road from where a water main was shown. The map was wrong...

You need to talk to the water company about getting that spur capped off. But it's going to be invasive work, because they're going to need to identify where it comes from, and be sure that it doesn't supply anywhere else that's still using it. The fact you've found concrete plus stopcock suggests that there was indeed a previous building of some kind - even if it was just an agricultural building that was there.