On the 1st October 2011, we will see one of the biggest changes in terms of who is responsible for the upkeep of foul sewers and surface water sewers. It will wholly change the relationship between Property Owner and the Sewage Undertaker. These changes have been brought about by Section 105 Water Industry Act 1991 and a Statutory Instrument entitled “ Water Industry (Schemes for the Adoption of Private Sewers) Regulations 2011. In order that one can properly understand the magnitude of the changes, we have set out some definitions as to what key words mean
LEASEHOLDERS RIGHTS OF ACQUISITION OF THE FREEHOLD TO A HOUSE
In a number of areas in England and Wales it was a common practice for Developers in the early part of the twentieth century to sell a new build house as a Leasehold. A Leasehold means the right to own a Property for a defined period of time- called “ a term of years”- subject to paying to the owner of the Freehold, a fixed annual rent and complying with obligations called “Covenants”. Quite often there is a Covenant which states that you cannot alter the external appearance of the House or build any extension or out building without the consent of the Owner of the Freehold. This is called “ a Consent Covenant”.