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Conveyancer missed water issue

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135

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  • david1951
    david1951 Posts: 431 Forumite
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    AnotherJoe wrote: »
    You didn't ask for copies of any recent gas, water and electricity bills before exchange? I thought that was standard these days?

    I wouldn't be sending ID documents to a stranger...
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    G_M wrote: »
    Come on Guest! OP has just moved. No point spoiling for a fight from the off!

    Tea and cake first. THEN turn off the water if the reaction warrants it.



    I guess, just considering how much the bills must be every day the commercial business delays sorting it.
  • G_M
    G_M Posts: 51,977 Forumite
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    Guest101 wrote: »
    I guess, just considering how much the bills must be every day the commercial business delays sorting it.
    OP said:
    We pay the bill and he then reimburses us for 25% and the nursery owner pays us 50%.
    There's no suggestion the current system is not working, just that
    a) it may not be the fairest system
    b) it's not legally documented

    Hence yes, I'd seek to alter/formalise the arragement, but I'd not go off half-c*cked upsetting the neighbours from the start.
  • gertie79
    gertie79 Posts: 14 Forumite
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    Thanks for all the replies. I have found the deeds and it does say 'Excepting and Reserving unto the xx Company Limited and their assigns the free passage and running of water from any adjoining or contiguous property belonging to them.'. So I guess this means the situation is OK? But, I googled the company mentioned and it was actually dissolved earlier this year. Does that make any difference?

    For reference, the original owners of our house owned all the land the other properties sit on and over time sold bits off and the house and business were subsequently built.

    I don't want to cut their water supply off because, as pointed out, they are our neighbours and we'd like to get along with them. I'd just rather we were all paying for what we use, for all the reasons others have pointed out on here. Perhaps getting meters installed is the best way to go about sorting this out. Hopefully it's not too expensive!
  • m0bov
    m0bov Posts: 2,524 Forumite
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    Was this not flagged up in the legal report? What does your Sol say? They should of made you aware of this.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    G_M wrote: »
    OP said:
    There's no suggestion the current system is not working, just that
    a) it may not be the fairest system
    b) it's not legally documented

    Hence yes, I'd seek to alter/formalise the arragement, but I'd not go off half-c*cked upsetting the neighbours from the start.



    Sorry I just meant the system, fair or not, is also flawed.


    The commercial business could be racking up thousands in debt, which the OP is liable for. Pays upfront (let's be fair after moving not many people have that kind of money lying around) and relying on a (presumably limited) company to pay on time.


    However im certainly not half-cocked, quarter-cocked maybe, probably eighth-cocked really! :)
  • gertie79
    gertie79 Posts: 14 Forumite
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    I do believe the business is unprofitable and has been for some time. They have a planning application in to demolish it and build several houses on the site. I guess if that goes ahead this might all get sorted out then anyway, but I do worry we would then be supplying these other houses as well!
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 7 July 2017 at 4:36PM
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    Penitent wrote: »
    ......, if you do plan to turn the water off, make sure you can legally do so first......
    OP can't. He has now drip-fed the information that:
    (The Deeds) say 'Excepting and Reserving unto the xx Company Limited and their assigns the free passage and running of water from any adjoining or contiguous property belonging to them.'.
    Presumably the current business is 'their asigns', so they are intitled to water.

    It's slightly strange wording: suggests water can pass over OP''s land, but not that OP has to supply the water (from his own mains supply). It also suggests this water must come "from any adjoining or contiguous property belonging to them.' where 'them' is xx company. Kind of suggests xx company own land either side of OP and can transport water acress.

    Do the Deeds not also specify where this water comes from and who pays?

    I suspect there is much more documented. Is this in your Title document? Does it refer to another document ("dated xx/xx/xxxx") which will provide full details.........???????
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    gertie79 wrote: »
    I do believe the business is unprofitable and has been for some time. They have a planning application in to demolish it and build several houses on the site. I guess if that goes ahead this might all get sorted out then anyway, but I do worry we would then be supplying these other houses as well!

    You may well be. I'm surprised to be honest
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    If XX Company Ltd is now dissolved (in plenty of the OP's water, I presume), I would guess that the successor business still running the nursery counts under "and their assigns", so are still entitled to use the supply.

    That will predate water meters - there's no mention of payment. We could also be picky and say that it only mentions water FROM them, but...
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