Western Mail Property Doctor Column #19
By admin
Issued on behalf of Emyr Pierce Solicitors
There has been a blockage in the foul drain in the road outside my house. Will I be expected to pay towards its clearance and repair?
This is something that could potentially affect every single homeowner and the answer is you are only liable for the repair and maintenance of your own private drains, which is why when you buy a property your solicitor should always organise a drainage search, which costs approximately £28. This search will establish two things – that your home is connected to an adopted public sewer maintained at the public expense, and also the proximity of the nearest public sewer to your property. The further away from your property which the public sewer is the greater the likelihood is that there may be a blockage for which you could be responsible. Should there be a blockage in the public sewer then you’re in the clear as this is maintained at the public’s expense and is the responsibility of Welsh Water. Your personal liability remains until the point at which the private drain running from your house connects into that adopted public sewer, at which point Welsh Water takes over responsibility for its maintenance and repair. In some older areas of large cities such as Cardiff and Swansea there are older sewers which were formerly the responsibility of the old local authority when they were also the public sewerage undertakers and these sewers are known as Section 24 sewers which often link a number of terraced properties across their back gardens before connecting up to the public sewer often situated in the road outside the property. However, these are also the responsibility of Welsh Water and are maintainable at the public’s expense. Adopted sewers can exist within the boundaries of your property but are usually found in the main road outside the property and are connected to your property via a private drain for which you will remain responsible. You should be aware of the fact that if there is an adopted or public sewer on your property you are unable to build over this sewer without the consent of Welsh Water. Private drains may be diverted to accommodate extensions as these are your responsibility but the public sewers are the responsibility of Welsh Water. Anyone who has a property which connects to a public sewer which is some distance from the property should consider taking out a Sewer Indemnity Policy to insure against any problems, although in general problems are rarely encountered with sewers in this country.
My husband gifted me his share of our house three years ago. But he now has major debt problems and I am afraid the transfer of the property into my sole name could be overturned. Is this true?
You’re right. Under current insolvency laws if an individual becomes bankrupt after having transferred his property at an undervalue, the transaction can be overturned if it was made within the last two years. If the transaction was made within the last five years it can be overturned or set aside if the present buyer knows that the person making the gift was insolvent at the time or knows that he would have become insolvent at the time of the transaction. This is presumed in transactions with close friends or family. Accordingly, in circumstances where a gift of property is to be made or there is a transfer of the property at an undervalue there will be a need to protect the transfer of the property at an undervalue there will be a need to protect the person receiving the gift or his mortgage lender by obtaining a Declaration of Solvency from the person making the gift and also taking out a Deed of Gift indemnity policy to protect against any such risk.
