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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10777
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Extension build over manhole cover and not moved. Am

Customer Question

Hello, extension build over manhole cover and not moved. Am I able to get indemnity insurance to cover?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
COuld you please confirm when the extension was built and whether there is another nmanhole cover on your property for this sewer/drain?
I look forward to hearing from you.
Customer: replied 2 years ago.
Hi there, it appears to have been built over as we can't find it. It is a terrace and the neighbour has a manhole on the other side of the fence. We have been told our drain should be fairly easy to reach through that. We got a quote for an indemnity policy but that requires a manhole within the boundaries of our property. However what would be the point that policy as if the manhole had been originally moved then retrospective agreement from water company shouldn't be a problem. One of the neighbours has just finished an extension, as the manhole was moved the water company agreed to it without any problems. My question is are there any insurers who would give an indemnity in our situation where there isn't a manhole or is our only option to get a builder to move the drain from under the extension? I would imagine the cost of this to be very high. We were never made aware of the fact there should've been a manhole when we bought the property, do we have any recourse against the conveyancing solicitor?
Expert:  Aston Lawyer replied 2 years ago.
As it appears you already know, I am afraid that all the necessary indemnity policy providers require for there to be a manhole on the property which can be used to gain access to the sewer and for the extension to have been built over 2 years ago.
Therefore, as there is no other manhole on your property, I'm afraid you won't be able to obtain an indemnity policy.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards