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I am sorry to read of the above. May I clarify, you mention a one bedroom holiday cottage that has been sold. Was this property previously supplied by the septic tank at the time the transfer deed was signed or has it been connected to the system subsequent to that please?
thank you. So the position is that the tank was connected at the time to 3 properties but you agreed to the provision for a 50-50 share on the basis of the then occupancy of the properties. As your solicitor not advise you of the potential for inequity given that of course occupancy is more than likely to change over time?
thank you. The question is one of something known as " enlargement". As at the status quo at the time you agreed the transfer deed, you would be bound by the terms of that transfer deed in terms of contribution. Accordingly, it follows that if the system was connected to 3 properties and you agreed a 50-50 contribution even if that was on a faulty assumption that the occupancy would remain as it was, at that time, then you would still be bound by this obligation. It is at least in part the job of your solicitor to advise you in this respect and potentially negotiate alternative terms.
If however the system was shared between two properties at the time and has since been expanded to third a, then this would be enlargement and this will be a basis upon which to claim that the connection to a third property amounts to a derogation of your rights on the basis that the system is now serving more than the property is agreed originally and as a consequence, to depart from the contributions originally agreed.
accordingly, some investigation may be required and examination of the written terms of the transfer deed in order to establish the position clearly
I'm glad the above is of some assistance.
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