Law Society notices

Drainage and water enquiries - CON 29DW

The new standard form of enquiry, CON 29DW, dealing with public drainage and water matters will be available throughout England and Wales from 1 April 2002.

The Law Society is grateful that water service companies have agreed to provide the service in advance of the new local authority CON 29 in July to allow conveyancers to get used to the two new forms on a phased basis.The Society recommends that enquirers submit the separate drainage and water search, CON 29DW, to the local sewerage undertaker, on all occasions in addition to submitting the standard enquiries, CON 29, to the local authority.Enquiries can be submitted to regional water service companies or ordered via the National Land Information service (NLIS) or visit www.drainageandwater.co.uk or www.nlis.org.ukThe CON 29 enquiry of local authorities has historically included questions relating to public sewerage systems, which have been the statutory responsibility of Water Service Companies since 1989.

Few local authorities continue to act as sewerage agents for the water companies and many have chosen to refer drainage questions direct to the companies.The Society, together with the Office of Water Services (OFWAT), the National Customer Council and the Department for Transport, Local Government and the Regions (DTLR) have therefore been in negotiation with Water UK and the water service companies to regularise the drainage and water enquiry system.The statutory obligation on water companies to supply local authorities with copies of the statutory sewer map, in practice, does not result in local authorities or personal search agencies knowing the up-to-date position on drainage.The statutory sewer maps do not show, and never have shown, the connection of individual properties to mains sewers or highway drains.

However, water companies do know which services and what level of service they charge the occupier for.

They have agreed in principle, subject to the introduction of a standard search system, to stand by their replies, that is, to connect a house to mains drainage or water supply, where appropriate, without cost to the houseowner if the house is purchased in reliance on a confirmation of connection which proves to be incorrect.Since the statutory sewer map does not show connections to the public sewer, it does not show whether a property is drained directly (through a private drain alone) or in combination with other properties, that is, through a private drain serving the property alone and then through a private sewer serving a group of properties, until it reaches the public sewer.

Such questions, even though traditional, can rarely be answered.However, the water companies have agreed to provide extracts of sewerage (and water supply maps) and base their search replies on model answers, which will explain the different possibilities and will draw attention to the fact that the houseowner may have to meet or contribute to the cost of repairs to private drains and sewers (and private supply pipes).The water companies have agreed to standardise an enquiry form on drainage and also on other aspects of their services, as set out in the paragraph below.

Therefore, the Society has agreed that, as from the next edition of CON 29 (proposed July 2002), drainage questions will be removed from CON 29 and there will be a separate standard form of water service company enquiries CON 29DW.A number of water companies have successfully piloted this during 2001 and the service will be available from all water service companies in England and Wales from 1 April 2002.

The full drainage and water enquiry service will cover the following points:l Whether the property has foul drainage to the public sewer;l Whether the property has surface water drainage to the public sewer;l The basis on which foul drainage charges are assessed (for example, poundage or based on metered water consumption);l Whether there is a separate charge for surface water drainage and, if so, how it is assessed;l Whether a currently private sewer is subject to an adoption agreement (for example, in a new development) and the current status of adoption process;l Whether the map shows a public sewer within the boundaries of the property;l Whether the map shows a public sewer within 100 feet of the property;l Whether there is a current agreement or consent to construct a building or extension over or in the vicinity of a sewer or disposal main;l The name and address of the local water supply company, if different from the company operating the sewerage system;l Whether the property is connected to the public water supply;l If it is, how is water charged and whether this will change on a change of owner or occupier (for example, from the poundage to metering), and;l Whether there is a water main within the boundaries of the property.The new system is to be monitored and reviewed at regular intervals.

The fees charged by a particular water service company can be obtained either from that company or from NLIS channels or for more information go to www.drainageandwater.co.ukThe new form is available from the following law stationers:l Everyform, Lexis Nexis Butterworths Tolley, Halsbury House, 35 Chancery Lane, London WC2A 1EL (www.everyform.co.uk)l Laserform, Higher Lane, Lymm, Cheshire WA13 ORZ.

Tel: 01925 750000.l Oyez Forms Publishing, PO Box 55, 7 Spa Road, London SE16 3QQ.

Tel: 020 7232 1000.l Peapod Solutions, 2a the Harlequin Centre, Southall Lane, Southall UB2 5NH.

Tel: 020 8574 8288.l Shaw and Sons, Publishing and Stationery Division, Shaway House, 21 Bourne Park, Bourne Road, Crayford, Kent DA1 4BZ.

Tel: 01322 621100.l Stat Plus Limited, Stat Plus House, Greenlea Park, Prince George's Road, London SW19 2PU.

Tel: 020 8646 5500.

Council member election for constituency no.

40: Essex The election was conducted by use of the single transferable vote.

The result was as follows.

Candidate first stage: Brian Robert John Owen Hughes, MBE, 218; Andrew Peter Hurrell, 118; Montagu St John Martin, 72.

Total 408.Brian Robert John Owen Hughes MBE elected at first stage.

Recent item of interest from the Law Society's libraryDamagesKing v Bristow Helicopters Ltd; M v KLM Royal Dutch Airlines, Times 1 March 2002 (HL).

Psychiatric injuries suffered by a passenger following an accident on board an aircraft were not a 'bodily injury' within article 17 of the Warsaw Convention.

However, the requirements of article 17 would be satisfied if the psychiatric condition had caused an adverse physical symptom.

A report is available under 'Law' on the Times Web site at: www.thetimes.co.uk.

A transcript is available on the House of Lords Web site at www.parliament.the-stationery-office.co.uk/ pa/ld199697/ldjudgmt/ldjudgmt.htmThis reference has been provided by the Law Society's library.

For further information about the contents, or other legal research enquiries, please contact the library on 0870 606 2511 or e-mail: Lib-Enq@lawsociety.org.uk Copies of most items are available via the library's charged document delivery service: telephone us for a photocopy application form, or download it from the Internet at: www.library.lawsociety.org.uk