Are all the legalities popping up actually 'nn-issues or are there serious concerns with this house?

frenchbaguette

It turns out there is a sewage pumping station in our (would be) garden and the water company have right of access. Legally they're entitled to 3 meters width access but practically they only use 1 meter because there's a workshop (very large shed) on their access. It's been there since before the current owners bought it and evidently never been a problem but on paper we could be sued by the water company for blocking their access at any moment. 

The current extension, porch and conservatory were all built without permission and our solicitors want our vendor to start an indemnity insurance policy to stop us being sued for their existence.

The oil tank has no paperwork to prove when it was installed, neither does the boiler and they've never been serviced in the 8 years the vendors have lived there so the solicitors can't guarantee that they'll work or that we'll not be blown to bits of we get too close. 
The house had planning permission to build a two storey extension which was a big draw for us to buy it but apparently the building regulations were rejected because of the proximity to the sewer so we can't build as we'd planned to (worth noting that the permission had expired anyway, a few weeks after our offer was accepted and we knew that but we wouldn't be in a position to do the extension soon anyway and our attitude was 'it got it once, it'll get it again'. But we didn't know the building regulations had rejected it so  perhaps that's not the case. 
My husband says these things are all irritating but not actually a big deal. They sound a big deal. I don't want to be sued for 3 different people as soon as we move in and then get blown to bits by a faulty oil tank. Any words of wisdom from more experienced buyers or is this really a case of the house just has too many legal issues. 
 Thank you

frenchbaguette

Non-issues even. Sorry 

princeofpounds

Oil boiler and tank - just get an OFTEC technician to inspect. Be clear that if it's not very modern, it may well fail vs. current standards, what you need to know is whether it meets standards for its age. Also, whether it works properly or not! And whether you will be able to install a new system that meets requirements if/when it comes to replacement.

New Extension - yes, you'll probably get planning permission again (or even be able to use permitted development) but the building regs issue you face will not disappear. So I would assume it cannot be extended unless there is a different design that will work.

Old extension, porch and conservatory - three issues here. 1) planning permission, 2) building regs, 3) freehold covenants/lease restrictions. If past the enforcement period for 1 and 2 then just concentrate on how well it's build. Number 3 is not normally a problem - you'll want indemnity insurance to compensate you financially if something happens but generally speaking if there hasn't been enforcement for years it's unlikely anything will happen. Any further detail you can provide on this will help give a more specific answer.
https://www.mjpconveyancing.com/NewsDetails.aspx?sbday=11

Water access - if they want the 3m access, you will have to knock your shed down. But that's as far as it goes. They are unlikely to do anything unless they really want it, but if they really want it they will act.

Many of these issues could be looked past, but it's all rather indicative of a vendor (or previous owner) who hasn't paid attention or played by the rules in the past, which would make me question build quality on the extensions etc. I'm not getting that 'forever home' vibe from this one...

Smodlet

These sound like questions for your solicitor; I suggest you get one, not one of these "almost virtual" conveyancers who know damn-all about anything; not even the bog-standard, on rails, by the book stuff they should know.

Personally, I would go on the offensive and contact the water company to ask them to confirm, in writing, what they could and cannot do.  Actually, I would walk away but it depends on how much you want this house, doesn't it?  Legal advice, I think and not the kind you get online.

Good luck, OP.

Mickey666

Sounds like a lot of potential for future issues.
Regarding the 3m access to the pumping station but in practice they only use 1m, I don’t find that surprising because only 1m would be required for access by people, who presumably regularly visit the pumping station.  However, as soon as there is an equipment problem that might necessitate replacement parts they might well require the full 3m access, for which they have a legal right.  So if that access is blocked in any way there will be hassle of some sort.
I’d say the oil tank is less of an issue in the sense that it could be replaced, albeit at a cost, but at least you’d be in control of that.  Also a faulty oil boiler is unlikely to ‘blow up’, though it could of course cause other problems.  That’s something easy to verify by having it serviced and then after that it’s ‘just’ money to fix - again, you’d be in control.
The planning consent issues are rather more serious and you would be dependent on the council in that regard.  Maybe nothing will come of it, but it’s a risk and the consequences could be messy.
Without having seen the property it’s had to judge If these issues outweigh all the good points - and there are always pros and cons for any property - but that’s something only you can decide really as you’ll be the one living there,  not anyone on here.

davidmcn

Smodlet said:

Personally, I would go on the offensive and contact the water company 

Only after you've considered whether you might want it covered by indemnity insurance instead.

Falafels

I own a small patch of land which has a sewage pumping station on it, like yours, and the relationship with the water company has never been the slightest problem. In fact, we were very glad when the water company took it over because it meant that my neighbours and I didn't have to foot the bill for maintenance. I very much doubt they'd be suing you if they've already got access and the 1 metre has been sufficient to date. Within my experience, the water company staff try to make it easy for householders, rather than wasting their money on pointless litigation.

Regarding the porch, conservatory etc - if an indemnity will stop you from being sued, what's the problem? Is the vendor unwilling to take one out? When were they actually constructed?

OF COURSE the solicitors can't guarantee the boiler and the oil tank will work!!! I suggest a qualified engineer would be a better bet for ascertaining the working habits of the boiler and oil tank, rather than someone in a suit; there's nothing stopping you commissioning a safety check if you're worried. Though, if they've worked just fine for 8+ years, it seems they're both sound. Remember, if an appliance carries a guarantee it doesn't mean it won't break down; it just means that if/when it does, the company or installer - depending on the situation - will come and fix it. Even when they've fixed it, it doesn't mean it won't break down again.

Who is the third person who might sue you? And why do you think the oil tank's faulty? If it's bimbled along for 8 years without breaking down, it doesn't sound as though it is.

If there was any substance to your worries, then I agree they would be a big deal. However, it sounds as though the advice from your solicitor has really spooked you! House buying and selling are nerve-racking processes, and it's natural to feel anxious at a time like this. Just try not to let your imagination run away with you, and look at the facts.

DayDreamerandGeneralWaster

Well yes there are a few things going on. Nothing insurmountable if you really want it. Do you really want it? 

greatcrested

Sounds like you are buying a rural property. So expect to have rural issues!

frenchbaguette said:

It turns out there is a sewage pumping station in our (would be) garden and the water company have right of access. Legally they're entitled to 3 meters width access but practically they only use 1 meter because there's a workshop (very large shed) on their access. It's been there since before the current owners bought it and evidently never been a problem but on paper we could be sued by the water company for blocking their access at any moment.

So don't block the access and you won't get sued! Chances are they'llonly want access periodically - why not ask the vendor and/or water company how often?

This is a non problem, just something to be aware of.
The current extension, porch and conservatory were all built without permission and our solicitors want our vendor to start an indemnity insurance policy to stop us being sued for their existence.

Who will sue you? Is there a covenant in the Title?

If you mean the Local Authority might demand the removal of these, how long ago were they built? The LA can only enforce Planning for 4 years. Are they older than that? And even if more recent, how on earth will the LA even know....?

Non issue, but if in doubt (or your mortgage lender insists) take out indemnity insurance.
The oil tank has no paperwork to prove when it was installed, neither does the boiler and they've never been serviced in the 8 years the vendors have lived there so the solicitors can't guarantee that they'll work or that we'll not be blown to bits of we get too close.

yup - they might break down. But is there any indication they are in poor condition? Not working? Leaking? If in doubt, pay an OFTEC engineer to inspect and report.

No solicior can guarantee a boiler won't break down!

Oil boilers don't 'blow up'. Kerosene is not explosive like petrol!

The house had planning permission to build a two storey extension which was a big draw for us to buy it but apparently the building regulations were rejected because of the proximity to the sewer so we can't build as we'd planned to (worth noting that the permission had expired anyway, a few weeks after our offer was accepted and we knew that but we wouldn't be in a position to do the extension soon anyway and our attitude was 'it got it once, it'll get it again'. But we didn't know the building regulations had rejected it so  perhaps that's not the case.

Then you have todecide if the extension is essential to you orwhether you still want the property without the extension. How can we advise you on this!?

My husband says these things are all irritating but not actually a big deal. They sound a big deal. I don't want to be sued for 3 different people as soon as we move in and then get blown to bits by a faulty oil tank. Any words of wisdom from more experienced buyers or is this really a case of the house just has too many legal issues. 
 Thank you

You are reacting in a paranoid fashion. Listen to your husband, who sounds like he's got his head scr**d on, and make a decision regarding the extension.