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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We purchased our home about 2 1/2 years ago. Recently,

Customer Question

We purchased our home about 2 1/2 years ago. Recently, during some routine drainage work being done to repair a pipe the excavation work uncovered a large pit dating back at least 100 years under the rear sheds which appears to be an old excess water pit dating back to before there were mains drains. The pit is not on any plans and is 9 metres deep and 4 metres wide under our sheds. We notified our insurers and after 5 inspections from various engineers the insurance company has notified that there is no claim to be made as there is no damage. However, we have a large void / pit that needs filling as where the replacement pipe was being repaired cannot be filled as all soil falls into the now uncovered pit that we were unaware of when we bought the property. We have checked the title and the local water authority as well and they have no record of this pit.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, thanks for your enquiry. I'm afraid to say that you will be stuck with resolving his problem yourselves. None of the searches your Solicitor would/should have revealed such an old pit and I'm sure no Surveyor would not have spotted it either. In 25 years of doing Conveyancing, I personally have never come across such a pit. I know this will be frustrating to hear, but a Buyer takes the property in its existing condition and needs to satisfy themselves before proceeding (not that the searches/Survey would have spotted this problem). Your Insurers are correct, in that they will only likely take notice if the pit had caused damage. Not sure if your Seller was aware of this pit, but even if they were, they were not under a duty to disclose this fact it unless it had caused damage to the property previously (however daft this sounds). Although it is no consolation, you have found yourselves in a pretty unique situation, with no positive outcome. Sorry this is not the answer you were looking for, but it sets out the legal position. Kind Regards Al

Expert:  Aston Lawyer replied 10 months ago.

Hi, can I assist any further? If not, I would be grateful if you could rate my answer. Kind Regards Al

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