Lexsure e-ROT

Flood Risk · Report on Title scenario

The seller has disclosed that the cellar has flooded

It matters more than a search result, because it is not a model — it is a record of water actually getting in. A seller's disclosure of past flooding sits in the property information form and will not show up in the standard searches at all, which is precisely why it deserves attention rather than less: nothing else in the transaction is going to tell you.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: Flooding to the Cellar · See the wording

Why this is not in the searches

Flood searches report modelled risk from national datasets. They describe the probability of water arriving at the property from a river, the sea or surface runoff. They do not know what has happened inside this particular building.

A seller's answer about past flooding is therefore the only direct evidence in the file, and it is specific in a way nothing else is. It also raises the obvious follow-up questions: when, how often, how deep, what caused it, and what was done afterwards. Ask all of them in writing.

Already bought, and the cellar has flooded?

If the history was not disclosed to you, or was disclosed and not explained, what was reported during your purchase is where the question starts.

Find out what should have been explained → WhenIBought.com

The surveyor's question

A cellar that has taken water has a cause — groundwater, a failed tanking system, surface runoff finding a light well, a drain that backs up — and the cause determines both how likely it is to recur and what it would cost to deal with.

That is a question for someone who can go and look. Ask for an assessment of the likelihood of recurrence and an estimate of mitigation cost, which is exactly the pairing the Lexsure wording below recommends. A figure for putting it right is a negotiating position; the absence of one is not.

The insurer's question

Disclosed flooding history affects cover, and the time to find out is before exchange. Tell your prospective insurer what the seller has disclosed and ask whether it affects the premium, the excess or the availability of flood cover.

There is a reason to be scrupulous about this beyond the practical one: a policy taken out without disclosing a known history is a policy that may not answer when you need it.

If the seller has been insured throughout, ask who with and whether they have ever claimed. A clean claims history alongside a disclosed incident is useful information.

From the e-ROT archive

Report on Title paragraph

Flooding to the Cellar

Master precedent Lexsure e-ROTScope Seller disclosure, not searchesWord count 69Status Current master paragraph

The Seller’s Property Information Form indicates that the cellar has experienced water flooding in the past. As this history does not appear in our standard searches, we strongly recommend consulting a Surveyor before proceeding. They can assess the risk of future flooding and provide estimates for any potential mitigation costs. Additionally, please confirm with your insurance provider that this history won't impact your ability to secure comprehensive buildings insurance.

Master precedent wording. This is current Lexsure Report on Title material, reproduced exactly. It is professional precedent wording addressed by a conveyancer to a client, and is not advice about any particular property.

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