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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11859
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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We are between exchange and completion on a new build

Resolved Question:

We are between exchange and completion on a new build property. We have been told by the builder on site that there is a soakaway in our back garden which services other properties in addition to our own.
Although we are still quadruple checking this, it seems that there is no mention of this in our transfer deeds/contract and there was no mention of this in the plans which we signed against at reservation.
Are the developers allowed to do this? We will probably relocate the soakaway as it isn't in a very practical place. Can we disconnect the other properties without a lot of aggrevation?
Submitted: 1 year ago.
Category: Property Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

This should be covered in the title documents. Unfortunately, it is not as easy as just relocating he soakaway. Have you checked the deeds of the neighbouring properties to check whether there is rights reserved in their documents? If not, I would suggest that you do this.

You would need to obtain the neighbours' consent if they have rights reserved.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

chatham-chamber and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
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Expert:  chatham-chamber replied 1 year ago.

Hi,

If you have any further questions, please post them in this thread and I would be happy to answer them.

Kind regards,