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House purchase with unadopted services

johnwash
Posts: 8 Forumite


Hello
We are in the process of buying a house which it turns out (we only found out once receiving the paperwork) is on an unadopted road. We are already dealing with the potential cost implications of that! However, the estate that the house is on was completed in 1983, and the title deeds for the house have some very complicated wording. We have already checked in with our conveyancer on this, who is giving us a less that satisfactory answer. The wording on this is as follows, and I'd appreciate if anyone is able to translate into layman's terms, adn what implications this could have. Note that I write this one paragraph exactly as it appears in the title (void of any commas...)
"Full right and liberty for the Transferees and their successors in title servants and licensees (in common with the Vendor and all other persons entitled to the like right) of passage and running of water soil gas electricity and telephone from and to the land hereby transferred through the sewers drains pipes cables and wires now or within 80 years from the date hereof (hereinafter called "the specified period" and which said period shall be the perpetuity period applicable to this Transfer) in or under or upon the adjoining or neighbouring land or included in the said Estate Together With all easements rights and privileges proper for cleansing repairing inspecting maintaining and reinstating the same doing as little damage as possible in the exercise of such rights and making good all damage done the persons using the said common sewers drains pipes cables and wires each paying a fair and rateable proportion of the cost of such cleansing repairing maintenance and renewal (so far as the same is not the liability of any Local or other Authority)."
We are in the process of buying a house which it turns out (we only found out once receiving the paperwork) is on an unadopted road. We are already dealing with the potential cost implications of that! However, the estate that the house is on was completed in 1983, and the title deeds for the house have some very complicated wording. We have already checked in with our conveyancer on this, who is giving us a less that satisfactory answer. The wording on this is as follows, and I'd appreciate if anyone is able to translate into layman's terms, adn what implications this could have. Note that I write this one paragraph exactly as it appears in the title (void of any commas...)
"Full right and liberty for the Transferees and their successors in title servants and licensees (in common with the Vendor and all other persons entitled to the like right) of passage and running of water soil gas electricity and telephone from and to the land hereby transferred through the sewers drains pipes cables and wires now or within 80 years from the date hereof (hereinafter called "the specified period" and which said period shall be the perpetuity period applicable to this Transfer) in or under or upon the adjoining or neighbouring land or included in the said Estate Together With all easements rights and privileges proper for cleansing repairing inspecting maintaining and reinstating the same doing as little damage as possible in the exercise of such rights and making good all damage done the persons using the said common sewers drains pipes cables and wires each paying a fair and rateable proportion of the cost of such cleansing repairing maintenance and renewal (so far as the same is not the liability of any Local or other Authority)."
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Comments
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That clause is saying that you've got the right to use common service media (i.e. pipes, cables etc) through the rest of the estate and how maintenance of any such service media is dealt with. Doesn't have anything to do with using or maintaining the road.
You're paying your conveyancer to (amongst other things) translate into layman's terms for you, so please encourage them to do so!0 -
I think what this is saying is that everyone on the road is liable for the maintenance of the road and if you need to get work done below ground you will have to make good i.e. ensure its patch up as good as new.0
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Thanks for both those responses. That makes sense, but our biggest concern is regarding this 80 year period. This states we have the right for 80 years from 1983. After that, we assume that this right will somehow cease (although the developer of the estate doesn't seem to exist anymore...). Do we then need to get these rights extended/the service media adopted? We understand that this is separate from the situation with the road itself...
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Was the plan for the road to be adopted at some point? I also would wonder why it's only for 80 years. Your lawyer should be able to advise.0
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