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Author Topic: Property Covenants  (Read 6103 times)

grub

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Property Covenants
« on: October 20, 2012, 02:37:33 PM »

We've never paid for water as there's a covenant on the house whereby the water is supplied by others, at some point the Water board have disconnected our supply and connected us to theirs and guess what? They think I'm going to pay them for water and even consent to having a meter fitted, surely they can't do this can they? If they can, what's the point in covenants anyway if they can be broken by a third party for their own financial gain. >>:-(

ardarossan

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Re: Property Covenants
« Reply #1 on: October 20, 2012, 02:45:26 PM »

Sorry mate, I haven't got a clue.

I saw the topic title and assumed it was going to be about a Dan Brown sequel to 'The Da Vinci Code'  :embarrassed:

Andy
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grub

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Re: Property Covenants
« Reply #2 on: October 20, 2012, 03:57:58 PM »

Sorry mate, I haven't got a clue.

I saw the topic title and assumed it was going to be about a Dan Brown sequel to 'The Da Vinci Code'  :embarrassed:

Andy
{-)

grendel

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Re: Property Covenants
« Reply #3 on: October 20, 2012, 04:37:18 PM »

well I dont know if this makes any sense to you with regards to your covenant - http://www.land-registry-documents.co.uk/news-blog/covenantswhat-you-need-to-know-about/
but surely the covenant is an agreement with the person who owns the property from which you were obtaining your water, so by allowing this to change they would be in breach of the covenant, maybe you need to contact a lawyer for advice, (or citizens advice bureau) If you know of any local colleges that teach law they usually have free advice clinics where lawyers give out free advice with the law students assisting (daughter is just starting her second year of law at uni).
Grendel
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grub

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Re: Property Covenants
« Reply #4 on: October 20, 2012, 05:39:11 PM »

Thanks Grendel, beginning to look like I'm stuck with paying out, no way I can afford lawyers >:-o

grendel

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Re: Property Covenants
« Reply #5 on: October 20, 2012, 05:51:22 PM »

thats why I mentioned the CAB and free law clinics, I'll ask my daughter when she gets home from the boyfriends tomorrow.
Grendel
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grub

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Re: Property Covenants
« Reply #6 on: October 20, 2012, 07:02:59 PM »

Thanks Grendel, I've spent the day trawling the net and am feeling less confident and much poorer than I was when I began {-). Who'd have thought life in the sticks could be so stressful, last thing I need with 4 kids is a bloody water meter %).

richald

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Re: Property Covenants
« Reply #7 on: October 20, 2012, 08:46:55 PM »

Grub

I wouldn't give up so easily . . .

First question I'd ask of your water board is . . .
"if you weren't paying them for water supply (water rates or meter) before, why should you be
asked to do so now ? " - in other words find out exactly what has changed and get them to state
clearly (in writing) what the situation is, and what has changed.

I'd also ask what/who was involved in the disconnection/reconnection of your water supply.

Another approach is to find out from your neighbours (near or far) if they are in the same boat (excuse the pun!)
it may be, that if several of you are, then some form of joint action may be more affordable and effective!

Good Luck - but once again don't give in - as you say, 4 kids and a water meter is not a fair deal!

please keep us up-to-date on things if you can.

regards

Richard
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grendel

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Re: Property Covenants
« Reply #8 on: October 20, 2012, 08:50:07 PM »

you could also put to them that since they made the changes they are now bound by the terms of the covenant to supply you water free of charge (and let their lawyers do all the work to prove otherwise.
Grendel
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grub

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Re: Property Covenants
« Reply #9 on: October 20, 2012, 08:58:04 PM »

The issue with this little lot is going to be getting them to comply I fear, July 2011 I got back from work and found a sub-contractor about to 'check' my stopcock. I told him not to touch it as it was 'mine' >>:-(, he did anyway and we awoke to flooded front gardens, mud coming out of the hot taps and a new stream running down the A41 >>:-(. They kindly replaced my boiler and that was that (except I've had no certification from Building Control), this year they've been replacing the water main and when they turned it off, we went off. So at some point (obviously when they had to close the road overnight and repair our main I think) they have disconnected our supply and connected us to theirs, now they think they are going to charge me for water and would like to come and fit a meter.

grendel

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Re: Property Covenants
« Reply #10 on: October 20, 2012, 09:22:42 PM »

it is possible that you got your supply from your neighbours who got it from the mains, which would explain why you went off when the main was off, unfortunately you have come into their awareness now, so they will try and do whatever is in their power to make you pay. I still think that the citizens advice people may be able to help, at least to clarify your status under the covenant, a lot may depend on the exact wording on that, if it only states that water will be supplied  then you might be liable to be charged, whereas if it says that it will be supplied free of charge, that will mean something else.
worth getting it checked out, either that or try the money saving expert forums, there will be people on there who may have more expertise in these things.
Grendel
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richald

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Re: Property Covenants
« Reply #11 on: October 20, 2012, 09:23:57 PM »

Grub

your comment about "getting them to comply" may be very relevant

Do you know what they disconnected your supply from exactly ? - I'd push for them to restore the connection
exactly as it was before they started b*ggering about with the stopcock - do you have any legal cover
on your house insurance ? if you have, it may be worth asking if they could take up cudgels on your behalf.

Richard
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richald

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Re: Property Covenants
« Reply #12 on: October 20, 2012, 09:31:39 PM »

Just found this

http://www.adviceguide.org.uk/wales/old_consumer_w/consumer1_energy_and_water_e/consumer1_water_e/water_supply.htm

You might not like what it is saying but there are one or two options open to you - happy reading!

Richard
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grub

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Re: Property Covenants
« Reply #13 on: October 20, 2012, 09:32:00 PM »

Well there's an issue in it's own right Richard, as far as I'm aware we were on a metered supply from the other side of the A41 that was metered by the MOD (I think). The water board are saying it wasn't connected there and there are no meters, obviously I can't look for myself, all I have is the covenant and the drawings showing the pipe from home to there that I'm responsible for and as I now know that pipe doesn't go there %%

grub

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Re: Property Covenants
« Reply #14 on: October 20, 2012, 09:35:03 PM »

Just found this

http://www.adviceguide.org.uk/wales/old_consumer_w/consumer1_energy_and_water_e/consumer1_water_e/water_supply.htm

You might not like what it is saying but there are one or two options open to you - happy reading!

Richard
Thanks Richard, I might try The Consumer Council for Water, never heard of them before but they sound like the boys to help :-))

richald

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Re: Property Covenants
« Reply #15 on: October 20, 2012, 09:51:51 PM »

Grub

If it's any consolation I did a search on Google for "can you be forced to have a water meter"

on the second or third page it turned up, I found a comment . . .

"If it helps were a family of 6 (4 kids) and we have always been far better off with a meter fitted "

so it may not be as bad as you are expecting. As for having to start paying for a water supply all
you can console yourself is that you have 'got away' with not paying for your water for however
long you have been doing so, and put a brave face on that from now on, you'll have put your hand
in your pocket

I got away with paying very low rates on my old house (for twenty-five years!)  I bought the house
after it was fitted with central heating and a bathroom, but the council never got round to re-rating
it! I saved about 150 a year!  BTW I was advised by my solicitor (when I bought the property)
not to bother reminding the council, but leave them to sort themselves out!

Richard
  
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grendel

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Re: Property Covenants
« Reply #16 on: October 20, 2012, 09:57:36 PM »

surely then under the terms of the covenant the water company should be chasing the MOD for the water charges, not you, as the covenant and your deeds say the water supply is from there, then they have unlawfully changed your source of supply, so should be forced to reinstate your supply back to the way it was at their cost. well that would be the tack that I would take anyhow.
Grendel
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richald

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Re: Property Covenants
« Reply #17 on: October 20, 2012, 10:01:47 PM »

surely then under the terms of the covenant the water company should be chasing the MOD for the water charges, not you, as the covenant and your deeds say the water supply is from there, then they have unlawfully changed your source of supply, so should be forced to reinstate your supply back to the way it was at their cost. well that would be the tack that I would take anyhow.
Grendel

I agree entirely ! O0

Richard
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grub

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Re: Property Covenants
« Reply #18 on: October 20, 2012, 10:11:35 PM »

surely then under the terms of the covenant the water company should be chasing the MOD for the water charges, not you, as the covenant and your deeds say the water supply is from there, then they have unlawfully changed your source of supply, so should be forced to reinstate your supply back to the way it was at their cost. well that would be the tack that I would take anyhow.
Grendel
I have been asking them to change it back and f**koff but they won't play {-), they seem to think I'll just give up and not make a legal challenge but the way I see it is they've de-valued my property. Who wants to live next to a main trunk road? Not many and that is reflected in the price I'd get for my house , no water rates was the sweetner :D.

tigertiger

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Re: Property Covenants
« Reply #19 on: October 20, 2012, 10:17:28 PM »

Hi Guys

This is a discussion that I think you two really need to have.
As this is not boat related, can I politely suggest you now take this onto the messages system here and discuss it off line.

We can then clear the topic from the boards

TT
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richald

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Re: Property Covenants
« Reply #20 on: October 20, 2012, 10:21:00 PM »

Grub

Quote
I have been asking them to change it back and f**koff but they won't play laughing, they seem to think I'll just give up and not make a legal challenge but the way I see it is they've de-valued my property. Who wants to live next to a main trunk road? Not many and that is reflected in the price I'd get for my house , no water rates was the sweetner Cheesy.

just a final thought tonight, before I have my cocoa and go to bed  %% - what about telling the local papers or even a national or two ?
they love anything like this and hopefully it could shame these cowboys into behaving!

Cheers and Night-night,

Richard
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richald

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Re: Property Covenants
« Reply #21 on: October 20, 2012, 10:25:45 PM »

TT

The description for this section of the forum is . . .

Quote
Chit-Chat
Almost anything you like in here...

I am not sure why you think we should clear off ?

Richard
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grendel

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Re: Property Covenants
« Reply #22 on: October 20, 2012, 10:28:33 PM »

plus a 3 way conversation isnt easy by pm.
Grendel
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grub

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Re: Property Covenants
« Reply #23 on: October 20, 2012, 11:17:19 PM »

Grub

just a final thought tonight, before I have my cocoa and go to bed  %% - what about telling the local papers or even a national or two ?
they love anything like this and hopefully it could shame these cowboys into behaving!

Cheers and Night-night,

Richard

plus a 3 way conversation isnt easy by pm.
Grendel
Hmmm perhaps TT needs a little less caffeine  {-), I posted in here because the description say's "Almost anything you like in here..." so I posted what 'I liked' that I felt wasn't too offensive (unless you're a share holder for my local water board). I just thought I might get some advice and guess what? I did :}

pugwash

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Re: Property Covenants
« Reply #24 on: October 20, 2012, 11:27:45 PM »

Grub it doesn't neccessarily cost a fortune to have a water meter - out last house had one and as well as the normal house usage we had a half acre vege patch
which go regularly watered plus the water for the horses and the sheep troughs - probably at least as much as an average family and our water bills
were on average about 25-30 a quarter - this is going back about 12 yrs and the rates per cubic meter have doubled in our area - might be worth finding
out what they charge per cubic meter before you get too concerned.
Our present house(without a meter) costs an awful lot more than it did there.

Geoff
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