Looking for advice on a sewer easement and extensive garden works on a house we’re buying

alup100

Hi. Sorry for the long post. We’re in the process of buying a property built in 2007, and we’ve run into several issues with the rear garden. The garden is very large (around 30 metres wide) and sits on a natural slope. At the time the house was built, a wooden crib retaining wall was installed at the bottom of the garden by the developer

Since then, the current owner has carried out extensive landscaping, including:

• Decking covering roughly a quarter of the garden, extending about 8 metres and raised around 1 metre at the furthest point
• A retaining block wall built 2.5 metres back from the original crib wall, raising the ground level by around 1.5 metres
• Raised planters above this
• Gabion baskets (approx. 500mm high) across the levelled area
• Artificial grass, a patio, and a decorative tiled wall

Survey and structural engineer findings

We’ve had both a Level 2 survey and a structural engineer’s inspection:

• The decking is rotting, and drainage appears poor
• The retaining block wall has previously cracked and been repaired by stitching, but the repair is poor and the rods are rusting
• The wall appears wet, as do other structures in the garden
• The original 2007 crib wall is generally sound, though some slats have twisted
• The engineer recommends improving drainage and re‑doing the wall repair properly (e.g., Helifix bars)

The vendor has contradicted almost all of this, claiming:

• There is “extensive drainage” (storm crates, land drains, gravel backfill, ACO drains) — but we’ve only seen ACO drains around the patio and some dry weep holes
• The retaining wall was built “robustly” (4 blocks wide at the base, reducing to 2 at the top) — which doesn’t match what the engineer observed
• He disputes the surveyor’s and engineer’s findings entirely
• He also claims he did not need building regulations approval for the retaining wall or the raised decking, which surprised us given the height, scale, and structural implications of the works.

Water searches have show one foul sewer and one surface water sewer running the full 30‑metre width of the garden.

Our solicitor has now received an easement document in favour of the water authority, giving them rights over the area marked in yellow — but the plan showing the yellow area was missing, so we’re waiting for that from the vendor’s solicitor.

The easement prohibits:

• any structures
• changes to ground levels
• planting
• or anything else within 3 metres either side of the sewer

The water company can access the area at any time, remove structures, and are not obliged to reinstate them.

The sewers run roughly 7 metres from the house, so the ground isn’t raised much there, but the decking, patio, artificial grass, and a decorative wall all sit over this zone. The manhole has been covered by the decking, with an access hatch.

If the easement applies to the full length of the pipework, it looks like the garden works breach the easement in multiple ways.

Before the structural engineer’s visit, the vendor reduced the price by £10k based on the surveyor’s findings (rotting decking and some internal issues).
However, his contradictory response to the engineer’s report raised concerns — and now the easement issue has made things more complicated.

Our solicitor has mentioned indemnity insurance, but I’m concerned that:

• if the water company ever needs access, the disruption will be extensive
• we may be required to return the entire easement area to its original condition
• this would severely limit what could be done with the garden in future

We’re now at the point of potentially pulling out, depending on what the easement plan shows. The house itself would have worked really well for us, and we’ve struggled to find anything suitable after months of searching.

Has anyone dealt with something similar?

• How likely is enforcement or future access in real‑world terms
• What’s the chance we’d be required to return the whole easement area to its original condition
• Any advice on the retaining wall, drainage, building regulations, or dealing with contradictory vendor claims would also be appreciated

gwynlas

The sewer company will only need access in the unlikely event that there is a major issue eg collapse where a blockage or whatever cabnnot be cleared by any other means. They would primarily use rodding or jetting initially.

They are unlikely to ever see that the easement area is not in the original cpndition but by your removing rotten decking etc you can be mindful of the landscaping of easement area.You are not likely to have areas of bare earth in a garden unless you run a path along easement area

You paid for an engineers report so you know what they suggest regarding wall, drainage etc It does not have to be acted upon immediately.

The contradictory vendor claims are likely to be defensive as no one likes to be told they are wrong so do nort engage with it. you can put in an offer based on what your report says or walk away

sheramber

https://forums.moneysavingexpert.com/discussion/6663799/looking-for-advice-on-a-sewer-easement-and-extensive-garden-works-on-a-house-we-re-buying

You can check online what building regs are required, if any.

Your solicitor should also be able to advise you.

Gonk1967

I would suggest you request that the vendor supply a CCTV survey (report and video) of the sewers to show what condition they are in and if there is any imminent need for repairs, etc.

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81960101#Comment_81960101

As these are main sewers, and not ones belonging to the property, I would doubt that the vendor would be allowed to do that.

Gonk1967

The CCTV surveyors can get permission from the Water Company to do it. What size are the sewers, they may only be small diameter but were transferred to the Water Company in 2011.

alup100

Hi,

Thank you for your help.
The easement is dated 2007 and was granted by the developer on completion of the estate.