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Home >> Advice >> Moral integrity
18.10.2006, 10:37 quote
I bought a tiny flay back in July because of a major change in circumstances. Everything has gone pretty well until recently when I discovered the property floods when there is torrential rain. I have since discovered that there is ahistory of this happening. None of this showed up on the survey. My solicitor says I've no redress with the previous owner. I've written to the other owners in the block saying I feel the integrity of the building is a communal repair, much like roof repairs. I've had a letter back from one solocitor saying that is not the case. Anyone got any ideas?
18.10.2006, 11:18 quote
you need to take this issue up with the surveyor (assuming you arranged a mortgage) as it was their responsabilty to find out and inform you of this situation.
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18.10.2006, 13:37 quote
| ammoniasquirt wrote: |
| I bought a tiny flay back in July because of a major change in circumstances. Everything has gone pretty well until recently when I discovered the property floods when there is torrential rain. I have since discovered that there is ahistory of this happening. None of this showed up on the survey. My solicitor says I've no redress with the previous owner. I've written to the other owners in the block saying I feel the integrity of the building is a communal repair, much like roof repairs. I've had a letter back from one solocitor saying that is not the case. Anyone got any ideas? |
hi..sorry to hear of your troubles..how excately is your property flooding? I am taking it you are on the ground floor and its a drainage issue,not because its getting in any other way. Also what type of survey did you get, was it a full survey? I do think you should seek legal advice from another solicitor as well..sounds like your current one isnt interested in helping you.
19.10.2006, 09:00 quote
Thanks for the input. I had the property surveyed for nmortgage purposes but the survey is only for that purpose and states clearly that a full survey woukld involve a structural engineer which would of course cost a heap of money. I've had some excellent input from the council (it's a listed building - but not a national treasure) but they can't get involved as it is private property. I've also had a survey of the drains done just yesterday and a video and written report should be with me soon. It highlights a number of small but posssibly comtributory faults in the drains, including one which is illegal. They've also proposed a solution for possible surface water incursion, so things are on the up. I'm still faced with an intransigent neighbour (or rather their landlord) who sees the problem as not affecting the flat above me which he owns. Mercifully, the other owners are more than happy to stop the buildind being swept away. (Bit of an exaggeration there!)
19.10.2006, 09:57 quote
I think you'll find that legally anyone feeding into those drains is responsible. We had a case in our old house. Thankfully it didn't affect us but there was a brook that ran along the back of our house and across the whole length of Southport (Fine Jane's Brook). The golf course that we bordered allowed their section of the brook to become partially blocked and other properties flooded in heavy rain. People went after the golf course and they soon widened the brook through their land.
In this case, if they claim the drain has nothing to do with them, just ask them if they mind being cut off from it then
19.10.2006, 10:49 quote
Yes, interesting notion to cut them off from the drain. Moot point at the moment as no one can verify as yet if it is a drain or surface water problem The flat is about 6 inches below ground level and may be subject to surface water flooding in very particular circumstances. I'll know better when I get the report, although the guys who did the investigation said it could be either or both! Guess we'll do a belt and braces option and cover both, but I am warming to the idea of cutting off the drain . . . . hmmmm.
Thanks to everyone for replying to what is really a very dull thread, much appreciated.
20.10.2006, 17:58 quote
Near the A9 by any chance ? Past Huntingtower even ? Now the feeling !
Due to Scottish law there isn't much you can do that sits well with your own moral integrity. I myself as well as a few other people I know have suffered something similar in the past. Best just sit tight , hope for the best and visit your local branch of Thorntons in the spring. Thats what I'm doing.
Many areas of Tayside are well know high risk flooding areas but it hasn't stopped a bouyant ( Please pardon the bad pun ) and fairly lucrative housing market developing here that show no signs of slowing down. You won't have to wait long for a buyer and chances are they know the risks.
All the very best of luck
20.10.2006, 18:02 quote
PS . Do not touch the drain !!!!!!!!!!
You with be held liable for any knock on damage.
20.10.2006, 18:06 quote
Thanks Croftre. No, mercifully I'm now a long way from the A9. I'm in Coupar Angus. I've discovered there's a history of flooding in tthe property but up until recently it was mostly occupied by renters who clearly had no vested interest resolving the problem. I'm seriously hacked off that so many people were aware of this but no one saw fit to do anything about it. Anyway, as I've said it's under investigation niow and the report should be with me by the end of next week. It will contain elements that need addressed no matter what and the guys reckon it can be resolved. Between all 5 properties it shouldn't be too expensive to fix. One fly in the ointment at the moment, one recalcitrant absentee owner. We'll get there though. Thanks for your input.
20.10.2006, 18:36 quote
Awright neebour !
Long shot but have you wondered if the towns biggest employer may have anything to do with it ? SEPA are jumping all over them just now for all sorts of issues and the word is that it's not looking good for them. Just a thought.
On the bright side....
Major construction work due to start at the top of the town in the spring and one of the spin offs will be new and much needed drainage work.
I'd still visit Thorntons though and look for something a little nearer Tesco if you see what I mean
21.10.2006, 12:07 quote
| Crofter wrote: |
| Awright neebour ! Long shot but have you wondered if the towns biggest employer may have anything to do with it ? SEPA are jumping all over them just now for all sorts of issues and the word is that it's not looking good for them. Just a thought. On the bright side.... Major construction work due to start at the top of the town in the spring and one of the spin offs will be new and much needed drainage work. I'd still visit Thorntons though and look for something a little nearer Tesco if you see what I mean |
Yes I was aware of internal problems and realised they were in hand, you might say I got a "whiff" of the problem (sorry people not in the know about that). I'm surprised by how happy I am here so I'll leave the estate agent for a while. The problems are local to the property and should be easily enough resolved
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