If the VP is not shown on its own Asset Plan (whereas the Sewers & Manhole Covers are), how can they convince a court that it has been there more than 20 years.
Please see the details below:
Local Land Charge Searches – Con 29 (1994) – Question 2 Drainage Enquiries
Dated 1 June 1995
Reply by Anglian Water
Foul Water Drainage
2.1.1 To the Company’s knowledge, does foul drainage from the property drain to a public sewer – Yes
2.1.2 If yes, does the property drain into the public sewer through
(a) a private drain alone or – Not Known
(b) a private drain and then a private sewer – Not Known
2.4.1 Is any sewer serving, or which is proposed to serve the property the subject of an agreement under section 104 of the Water Industry Act 1991 for the sewer to become vested in the Company as a public sewer – No
Is AW able to rely upon:
"omnia praesumuntur rite et solemniter essa acta"
In your view, would AW win on the balance of probabilities?