Help - Should I sign a deed of easment - need a leagal opinion please!!!!

[Jackie235]

I purchased a new build house in 06 from a major PLC builder, then june 07 recieved a letter from the builder stating there was a un-adopted sewer in the passing through the center of the garden, from left to right. this was news to me as i had no prior knowlege of the sewer from searches performed by the solicitor. The letter said i had to sign a 'deed of grant of easement' this would then allow the local SU to adopt the sewer at public expense.
All well and good until you read it and realise that you can not build with in 3 meters of a main public sewer - the sewer is 4 meters away from the house. i was concerned that we would not be able to add a conservatory to the property and decined to sign the deed.
since then there have been numerous letters back and forth from the building co's solcitor and from the building co with one letter saying the were going to take legal action to make us sign the deed. they pointed out a clause in our orgional trasfer agreement when we bought the house stating 'you agree to sign any easement grants placed before you'. An unfair term surly?

[bednobs]

i swear i saw this q some weeks ago. Anyway, if you need legaladvice, my advice would be to see a solicitor

[cassa333]

Wether you sign the deed or not you (probably) won't be able to build anyway. Although you can reinforce the piping etc or move it out of the way, subject to planning.

So signing the easment or not is imaterial. If you don't it just means that you will have to pay for repairs if it breaks rather than the water company.

Try and get some money off the builders if you are so inclined but I suspect there is a clause that you have to sign any easments as is nessissary...

[buildersmate]

Yes, bednobs you did see this before - it is definitely the same case - major housebuilder, conservatory, unadopted sewer around the back when it should have been built around the front.
A number of us (including me) gave pretty reasonable answers to it before - I suggest to the question-asker they find those answers.

[Jackie235]

Sorry for posting again, I didn't relaise i couldn't do that - I just hoped that is i re-posted someone that knew about these things may have some positive imput - ie a legal mind on the job. There doesn't seem to be a law to govern builders when they change approved street plans or location of sewers and roads. sorry again i just want to know before i sign the deed what my options are- being that no one ever seems to have had a situation like it prior to this. Thanks for help so far.

[buildersmate]

This is your original question - which you came back to once.
http://www.theanswerb...w/Question848692.html
Although my hope that one of the lawyers on this site might comment didn't happen, you didn't respond again either - either positive or negative.
So the general assumption of most regular correspondents is that the punter isn't too fussed - it happens a lot - people ask a question then never bother to come back to it.

If the identical question then turns up again, it can just look like you are after a different opinion.