Searches say road not adopted but section 38 in place, council say no section 38? Advice please

lilsweetie

Ok so I rang the water company and they have confirmed that the drains have not yet been adopted on the street. I rang David Wilson homes as they are the developer and after much back and forth I got through to a lady who managed to help me. She says there is plans in place for the adoption of the drains and offered to forward the relevant paperwork to my solicitor which she called me back to say she has done. I have now emailed the man at the council to ask if the road would be adopted if the drains were adopted, awaiting a reply. I asked the woman at David Wilson who said the roads and drains are David Wilson’s responsibility until they are adopted and nothing to do with the owners of the properties?

The lady said a resident had built a shed over one of the manholes and refused to move it to allow access so that’s why it hasn’t happened as of yet (she said a different development they built at the same time in the same town has now had their drains adopted) and ours is going to be next.

I don’t know what to believe or do, I have emailed my solicitor with all this and asked for advice ASAP as I am very close to pulling out of this purchase all together. I’m totally new to this and feeling that this is more hassle than what it’s worth.

davidmcn

Why are you so keen to walk away rather than wait to get answers? Any other purchase will have a similar due diligence process to go through.

lilsweetie

I will wait for answers, however, after studying on here all I see is how residents are liable for road maintenance and promises of road adoptions not taking place and wondering if I’m wasting my time and money. Naively I was under the impression that the road was adopted, as no maintenance charges etc.