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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16443
Experience:  I have been practising for 30 years.
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We are in the middle of selling our house and welsh water

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We are in the middle of selling our house and welsh water have approached us to state they would like to do some work through our property to relieve a surface water problem from out neighbours, do we have to declare it to buyers
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes the sale is almost at exchange
JA: Have you talked to a lawyer about this?
Customer: No just an intermediary land surveyor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good morning. I will assist with your question - be aware this is an email not chat service.

have Welsh water literally just approached you?

and what seems to be the problem and has it affected your property at all ever?

Customer: replied 2 months ago.
They did a new sewer above land on the boundary of our property which completed last year, this has Now cause a surface water problem for next door. They previously asked if we had a problem and we said no they asked if they could place a hole under the sewer pipe to drain into our garden and we said no. That was a number of months ago and they have just stated they would like to meet to discuss plans

If the work has already been done and completed or will be done and completed by the time the matter exchanges, then I can see no reason why you need to disclose it. If on the other hand the work is to be done after exchange or after completion then it would be disclosed within the Seller’s Property Information Form TA6.

Under the Access to Neighbouring Land Act the neighbour is entitled to whatever access is required over your property to preserve their property and that would probably include this work so if they took you to court they are likely to get the order and they likely to get costs awarded against you.

It’s unlikely however they would get consent within the Act delay a pipe for drainage or whatever, on your land because that’s a completely different issue and the court will not normally force anyone to have an easement.

What you do have here is a potential dispute with the neighbour and that would be disclosable. I would tell your solicitor about this and let him decide. That way, it absolves you. It is more likely than not that you are going to have to disclose this.

I strongly suspect it’s the answer you were expecting albeit not the one you wanted.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Ok thank you very much