Small claims against surveyor for non notifcation of GBR on septic tank

AdrianC

ESM_newbie58 said:

The surveyor wrote :-   

...Due to the nature of this particular type of drainage system,it is not possible to make any specific comments as to its overall condition, efficiency orcapacity. The drainage system should be checked by a competent specialist contractor"

And did you do that?

Davesnave

greatcrested said:

Davesnave said:

...

Our solicitor highlighted that we were forever tied to the property next door for drainage, declared that an unacceptable  situation for both houses and achieved a variation to both title documents, freeing us. That subsequently proved extremely fortuitous,....We certainly didn't and the neighbour also had no idea how the offending clause might have negatively affected her property.

out of interest, how were you 'tied', what was 'unacceptable' about it, and how did varying the Titles untie you physically?

The two properties were identical, built at the same time and owned originally by the same person. Although they had their own tanks, the drain field was shared, so maintenance costs for this were to be shared equally.

As you'll be aware, if a tank owner is irresponsible, this would affect the working of the drain field and the length of its life. Had we left things as they were, even if we'd gone independent at a future date via a treatment plant to the stream, we'd have remained liable for any remedial work on the drain field still used by the neighbour....or vice versa.

So far as I remember, this requirement for joint financial responsibility in perpetuity was removed, whilst still retaining it for as long as both parties were using the drain field.

This proved very useful when the neighbour's tenant bugg messed-up the drain field by failing to empty the tank, getting a severe blockage and having the whole thing jet washed through inappropriately. Neighbour carried much of the cost for replacement as we threatened them with going independent, and since that date a regime of monitoring and bi-annual emptying has been in place.

greatcrested

Thanks Davesnave - I hadn't really considered that aspect.

I share use and cost of treatment plant with neighbour (in his garden) and guess the same could arise. One of us could misuse it, leading to maintenance/repair costs, which we have to share.

Likelihood is low, and weighed against that is the fact we each only pay 50% for intermittant emptying/maintenance, so swings and roundabouts.

lincroft1710

When was the survey done?

As others have said a surveyor's job is to comment on the building and highlight any concerns, it is not to quote laws relating to the building and its construction (of which there could be hundreds).

ian1246

Did you not think to Google "owning a septic tank" ir anything similar? Just the most basic of research would have informed you about the various regulations - there are entire websites dedicated to it! Your responsible and noone else - "buyer beware" is a legal principle for a reason.

GDB2222

Just to mention that your claim is likely to be time barred very shortly. So, get on with it, if you’re going to go ahead.

AdrianC

AdrianC said:

ESM_newbie58 said:

The surveyor wrote :-   

...Due to the nature of this particular type of drainage system,it is not possible to make any specific comments as to its overall condition, efficiency orcapacity. The drainage system should be checked by a competent specialist contractor"

And did you do that?

That'll be a "no", then.