Buying a house, public sewer, seller cannot confirm whether built I've or not.

Rebekahb

Hello, I'm hoping that someone will be able to give me some advice.

I'm in the middle of buying my first home, I've had the water and drainage search come back and it showed there was a sewer on the property. My solicitor enquired to whether it had been built over or not. What we were most worried about was whether or not it was under the conservatory.

The sellers solicitor has gotten back to my solicitor but all they have said is they don't think it is as as they have looked on the map and they think it's on the boundary line, but cannot confirm the exact location or whether it's been built over or not and they can't give me any more information on it. Which has been the sellers general attitude that they don't know anything about several things and expect me to be satisfied with that answer, which is quite frustrating.

So I have no confirmation on the exact location of the sewer or whether it's been built over. As long as its not under the conservatory I'm not too bothered but I'd like actual confirmation of this and if it has been built over anywhere else without a build over agreement I'd like to get an indemnity policy on it.

I don't know how to to proceed though, am I being unreasonable in asking them to locate the sewer and to tell me a definite answer on whether its been built over. I've read you can things like sonar drain tracing which isnt too expensive which should locate it, would this be OK to ask them to have done so I can get some actual answers or am I being nit picky here, as I have no idea as it's my first house but I also don't want to be taken for a mug 😔

anselld

They don't expect you to be "satisfied with the answer". They don't know, so they expect you to make your own enquiries at your own expense.

So yes, it is unreasonable to ask them to locate the sewer in the absence of any public records. If you want to find it you will need to instruct and pay for any survey.

Rebekahb

I don't think it's really unreasonable seeing as they are the ones selling the house they can't tell me whether or not it's been under their conservatory or where it is.

They also can't provide building regs for walls that were taken down. And they are already overcharging for a house that has come back with a load of repairs need doing.

So for the sake of £200 for them to locate the sewer and give me an answer I don't think is unfair at all. They are selling the house that has several issues they need to be prepared to meet in the middle when I've already forked out a load of money for various other issues.

Tiglet2

Have you looked closely at the Water & Drainage Search? Usually the drains/sewers run in a straight line across several properties, but if someone builds an extension/conservatory, does that encroach on the sewer line? If so, the vendor would have needed a Build Over Agreement or offer an indemnity.

It may be that the sewer line is at the front of the property or at the back of the garden and not under the property, therefore no Build Over Agreement required. Very much one for the vendor and his solicitor to answer but if the answer is not to your satisfaction then you may have to consider paying for the indemnity yourselves or obtaining a further survey, subject to the vendor's agreement.

Rebekahb

I've not seen it only they have and have told me they think it's near the boundary line. Cannot confirm whether it's under the conservatory or been built over, they have just said they can't provide any other information.

I'm willing to get the indemnity policy to cover it but as I have no answer on whether it is or not, I don't know how to proceed.

The thing is I've already spent a load of money on different surveys I've had to get done, I'm running out of money at this point. So I just don't really know what to do.

Lokolo

Rebekahb wrote: »

The thing is I've already spent a load of money on different surveys I've had to get done, I'm running out of money at this point. So I just don't really know what to do.

Don't buy it.

If the vendors don't know where it is, they're not going to go to the effort of finding out.

You've said the house is overpriced, if this is the case the survey would have come back with a different valuation - did it?

All these issues that you're making them meet halfway on? I'd tell you to jog on at this point and put my place back on the market. What were these "issues"?

Rebekahb

Yes it did actually I'm putting several thousand myself into it as the bank wouldn't lend me it.

Walls have been taken down, no building regs. Can't confirm whether the sewer is under the conservatory or not, cannot provide a build over agreement.

Building survey came back with nearly 20 grand worth of repairs, black mould, high damp etc. Evidence of dodgy electrics.

So yeah they could tell me to jog on and put it back up for sale, yet I don't think they are going to have such an easy time selling it. Most people would ask them to knock the price down but quite a bit yet I haven't.

I feel if anything I should be telling them to jog on and most other people would to. Not sure how I'm being the unreasonable one here wanting answers for a house I'm buying when they can't provide any.

Rebekahb

I've also not asked them to meet me halfway on anything, I've not asked them to lower the price when I could have. I'm simply saying I've already spent a lot, I'm looking to have to take a loan out to repair the property, I've not asked them to lower at all. I don't see how it's unreasonable to ask them to get one thing done, when most people would be asking them to repair several serious issues before buying.

Tiglet2

Ask your solicitor to send you the Water & Drainage Search so you can take a look. You may not have the expertise that the solicitor does, but it will give you an idea where the sewers are. You should be able to see whether or not the line of the sewers is under the property or not, taking into account the conservatory which is beyond the build line. You have viewed/visited the property - your solicitor does not. If at all possible, post a photo of it on here for further advice.

Rebekahb

Thanks for the advice, Ill ask my solictor if she can send it over. I'm still waiting to hear back from her regarding some other issues. I'll post it on here if I can.

GDB2222

Rebekahb wrote: »

Yes it did actually I'm putting several thousand myself into it as the bank wouldn't lend me it.

Walls have been taken down, no building regs. Can't confirm whether the sewer is under the conservatory or not, cannot provide a build over agreement.

Building survey came back with nearly 20 grand worth of repairs, black mould, high damp etc. Evidence of dodgy electrics.

So yeah they could tell me to jog on and put it back up for sale, yet I don't think they are going to have such an easy time selling it. Most people would ask them to knock the price down but quite a bit yet I haven't.

I feel if anything I should be telling them to jog on and most other people would to. Not sure how I'm being the unreasonable one here wanting answers for a house I'm buying when they can't provide any.

If it’s not brand new, then you should expect a certain amount of defects needing repair. That’s priced into the discount between brand new and secondhand. However, in this case, it sounds as though the price is too expensive for what you are getting, in which case you need to cut your losses and walk away.

Before you do that, though, be aware that surveyors tend to be quite careful, pointing out possible defects that they can’t rule out, rather than that they can actually see. So, do take stock and work out what really needs doing and what it will cost. I strongly recommend getting a builder to look round with you and help you with costings.

Sewers rarely need to be dug up, so it may not matter if a lightweight conservatory has been built on top of one.