Help Neighbour is a nightmare

Imo the conveyancing firm should have realised the plans showed the drainage in land that wasn't part of the sale,
What plans?

If they bought a field and a barn, the plans would show the field and the barn.

If they bought a field and a barn with the intention of carrying out development which relied on being able to have free and unfettered access to do wotk on land which they were not buying how would that affect the plans for the field and barn which they were buying?


Im not sure how skilled conveyancers are in reading plans Vs land agreed for sale.
I would expect that if they were charging to provide the service of transferring a legal title/ownership to/of real property from one person to another then they would have the appropriate skills.

But then I would also expect someone who buys land and property not to just assume that he would necessarily have free unfettered access to land which he did not own in order to do things to that land for his own benefit.
 
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What plans?

If they bought a field and a barn, the plans would show the field and the barn.

If they bought a field and a barn with the intention of carrying out development which relied on being able to have free and unfettered access to do wotk on land which they were not buying how would that affect the plans for the field and barn which they were buying?



I would expect that if they were charging to provide the service of transferring a legal title/ownership to/of real property from one person to another then they would have the appropriate skills.

But then I would also expect someone who buys land and property not to just assume that he would necessarily have free unfettered access to land which he did not own in order to do things to that land for his own benefit.

The op.said the plans which were made by the farmer and the architect and whoever else is involved, showed the drainage etc.

One would expect that these plans or whatever the op called them would show boundaries and the drainage not in the land being sold.

At the very least it is a question the conveyancer's should perhaps ask as looking out for the best interests of there clients.

As part of the documents the conveyancer would do, a drainage check is part of the standard searches pack. With this they would or should say, where's the drainage? And then check out all the paperwork to see if there are any provision made. Then go back to the vendors conveyancer and say, there doesn't appear to be provision for drainage, and then depending on what comes back and what they see in the paperwork handed over tell their client there is no drainage and you need to get an agreement in place.

No doubt there are many if's and buts and hiding behind legal texts etc etc.

But there appears to have been assumptions by both the purchaser and their conveyancer which has got them in a spot of bother.
and on top of that they have also ended up with, what seems to be a sly farmer who has seen an opportunity to garner more cash.

But as has been alluded to maybe the attitude of the purchaser towards the farmer has played some part of it, and I presume it is because they are angry and upset and feel hoodwinked with no one to turn to.

I'd probably feel the same if I was silly enough not to get a structural report done on a derelict barn and assumed the conveyancer would do their job correctly. ( I personally wouldn't do either)
 
Unfortunately they just bought the barns, as per planning permission. But when they went to start work, ie, install sewerage, the farmer refused access, even though the plans stated sewerage was to be on the land that they did not own.
They feel screwed.
 
Unfortunately they just bought the barns, as per planning permission. But when they went to start work, ie, install sewerage, the farmer refused access, even though the plans stated sewerage was to be on the land that they did not own.
They feel screwed.

Yes they are.

I'd suggest they look at alternatives aswell as enter negotiation with the farmer.

Maybe speak to the other barn and see if it's possible to tap into their drain, or look into alternative methods like septic tanks which is likely cheaper than what the farmer wants. A soakaway can be done at the same time.

Obviously we don't know the layout of the land or even if it's possible but these are all things that should at the very least be considered
 
What else springs to mind is future access for maintenance as well , septic tanks need periodical sludge removal so a tanker has to get close enough to pump.
 
IF they have a field, why can they not put all this drainage on their own land?
 
They have no land with barn, apart from approx 3m around 3 sized. The site if proposed septic tank was located approx 10m away and in field in front of barn. The architect of farmer drew tank in land outside curtilage of barn, now no alternative is possible. Other barn is far enough away not to make linking drainage a viable option.
They don't know why the farmer is being difficult, they have done nothing to cause this. The farmer simply said if you want tank in drawn location, they need to buy additional land. They then discovered issues with steels and no feel they have bought the impossible project.
 
Wild idea, but how close is the nearest 'real' sewer? A mini pumping station (I have one) will easily do 3-400m, and very likely way more.

Or, mini treatment plant on site, pump the treated, clean water to neighbours' soakaway?
 
I'm am a layman with no experience in these matters.
However, if the drainage and soakaway is servicing the property then surely they have a right to access and maintain it?
https://www.legislation.gov.uk/ukpga/1992/23/contents
No not really.

An easement is needed to allow services to go through somebody else’s land.

what should’ve happened is that should have been included as part of the sale - because a new build plot is worthless without it.

was the barn and land bought from the farmer - if so, he has seen an opportunity to blackmail due to a serious oversight.
 
Thank you everyone. I was hoping for a miracle answer but I think you have all conformed my fears for my friends.
They have been screwed not just by farmer, but also by architect who drew up plans which were not possible, conveyancing solicitor who did not spot error or give correct and proper advice.
Also being told to hide steels from building control is another red flag that they employed incompetent professionals.
Seems they have been royally screwed.
 
Thank you everyone. I was hoping for a miracle answer but I think you have all conformed my fears for my friends.
They have been screwed not just by farmer, but also by architect who drew up plans which were not possible, conveyancing solicitor who did not spot error or give correct and proper advice.
Also being told to hide steels from building control is another red flag that they employed incompetent professionals.
Seems they have been royally screwed.

I am sorry we cant help you more.

I cant even think of an easy way out -as the plot isnt worth anything without services

I presume there arent services down the driveway to the barn -is there a chance they could connect that way?
 
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