Build Ove/Sewer Indemnity

RLH202020

Wonder if anyone can help... 
In the middle of selling property and the buyers solicitor is requesting some sort of indemnity for the sewer in the garden being within 3m of the rear extension. The extension has been up since the 80's. There is easy and unobstructed access to the sewer via a manhole in the patio. When this enquiry came up when we bought the house, no indemnity was recommended, because the access to the sewer was easy and the extension over 30 years old. We're trying to buy a very similar property in age and floorplan, and the enquiry raised on that house has provided much the same outcome, but with no recommendation for any further action from our solicitor! Anyone have any advice or links as to info to help us work out whether this is necessary? And also should I re-consider the answer we've had on the house we're buying if the same situation exists there.
Thank you 

Section62

RLH202020 said:

Wonder if anyone can help... 
In the middle of selling property and the buyers solicitor is requesting some sort of indemnity for the sewer in the garden being within 3m of the rear extension. The extension has been up since the 80's. There is easy and unobstructed access to the sewer via a manhole in the patio. When this enquiry came up when we bought the house, no indemnity was recommended, because the access to the sewer was easy and the extension over 30 years old. We're trying to buy a very similar property in age and floorplan, and the enquiry raised on that house has provided much the same outcome, but with no recommendation for any further action from our solicitor! Anyone have any advice or links as to info to help us work out whether this is necessary? And also should I re-consider the answer we've had on the house we're buying if the same situation exists there.
Thank you 

The first question is whether the pipe was a public sewer when the extension was built.

In 2011 a large number of private drains were adopted as public sewers.  If the extension was built before this date and the drain was private (including private shared drains) then no buildover agreement was required.

Unfortunately solicitors/conveyancers aren't always good at details like this, so go for the easy option of suggesting an indemnity policy.

RLH202020

Thanks for your reply. The extension on our current property has been there since the 90s at earliest. So assuming that means that the drain wouldn’t have been public at that time? 

RLH202020

Sorry, typo in the above, has been here since the 80s

Section62

RLH202020 said:

Thanks for your reply. The extension on our current property has been there since the 90s at earliest. So assuming that means that the drain wouldn’t have been public at that time? 

No, it is possible the sewer was public at that time - you need to find out when it became a public sewer (assuming it is public now).

How old is the house?

RLH202020

It’s Victorian, approx 1900. 

Section62

RLH202020 said:

It’s Victorian, approx 1900. 

In which case, if it had shared drainage in 1937 that drainage became public sewers in that year (known as Section 24 sewers) in a similar way to the 2011 mass adoption.

So do you know as fact the pipe is shared with one or more neighbours?