Wayleave on land

D

dublinaam

Registered User
Messages
29
Hi,

Looking at buying a property that has a wayleave in the garden running by the side of the house. I understand this was so houses behind could access utility mains. All of the pipes are underground.
Is it possible for me extend to the side of the house which would mean building over the ground the pipes are laid under?
 
If it's mains water that may be rejected by the local authority depending on the size and role it serves. I've seen planning permission refused to the side of a house due to a significant main running under the footpath alongside. The authority cited a restriction on building within a certain distance of the main.
 
I would want to examine the exact wording of the actual wayleave for two specific reasons ;
1. To check if and where exactly it exists and
2. To see exactly what rights and obligations it's terms specify.

I expect that the vendor's solicitor should be able to furnish a true copy of the actual wayleave and to confirm if there are any other wayleaves in existence.

If you cannot get satisfactory responses it would IMHO be very unwise to consider purchasing the property on the basis that you could be incurring an unknown and or open ended liability. Remember that the principle of caveat emptor applies to the purchase of a second hand house.

+1 Leo's observation as far as the planning aspect of the issue goes.
 
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