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Neighbour's blocked drain on my property

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Lobster

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Aug 25, 2009, 12:11:09 PM8/25/09
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My neighbour apparently has a blocked pipe (sewage? surface water? not
sure yet); however this affects me in that said pipe runs under my drive
where it mates up with an inspection cover (from where DynoRod are doing
their stuff). I don't have any drainage problem myself, but if the
damage/blockage is on the leg of pipe just serving the neighbour's
property, but is located on my property, do I need to share (bear?) any
repair costs?

Or is this one of those 'check the deeds' questions?

Relations are good and I don't want to shirk any responsibilities I may
have, but don't want to offer something I don't need to!

Thanks
David

Invisible Man

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Aug 25, 2009, 1:46:43 PM8/25/09
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I have seen a number of cases where the cost of maintenance is shared by
the users of the part of the drain system in question. If that is the
case for your properties and you do not use the drain run in question
you may not have to contribute. Hopefully it isn't blocked by your tree
roots?

ISTR for really old properties the drainage authority is responsible.

Probably best to read the deeds etc.

Monty L

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Aug 25, 2009, 1:52:28 PM8/25/09
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"Lobster" <davidlobs...@hotmail.com> wrote in message
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Monty L

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Aug 25, 2009, 1:55:27 PM8/25/09
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"Lobster" <davidlobs...@hotmail.com> wrote in message
news:7_Tkm.58$Pt1...@newsfe19.ams2...
> My neighbour apparently has a blocked pipe (sewage? surface water? not
> sure yet); however this affects me in that said pipe runs under my drive
> where it mates up with an inspection cover (from where DynoRod are doing
> their stuff). I don't have any drainage problem myself, but if the
> damage/blockage is on the leg of pipe just serving the neighbour's
> property, but is located on my property, do I need to share (bear?) any
> repair costs?

See
http://www.stockton.gov.uk/resources/ehresources/drain_lay_resp/drain_lay_resp.pdf


Peter Crosland

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Aug 25, 2009, 1:46:55 PM8/25/09
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"Lobster" <davidlobs...@hotmail.com> wrote in message
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If the drainage is from the neighbour's property across your property
onwards then it is probably his responsibility. You do need to check your
deeds/Land registry details.

Peter Crosland


peterwn

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Aug 26, 2009, 4:45:20 AM8/26/09
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There should be an easemet naming his lot as 'dominant tenament' and
your lot as 'survient tenament' covering the strip on your property
where his drain and the shared drain runs. There should be a schedule
of terms and conditions attached to it - should be among the 'deeds'.
This would allow him access to your property to repair the drain and
would need to 'make good' the surface within reason. So your only
duty would be to cooperate with access.

It is possible that there is no documented easement and the easement
is there by 'custom,' I do not know the legality of this but if you
both assume it is an easement with normal conditions, the above would
apply.

Sairey

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Aug 26, 2009, 8:31:14 PM8/26/09
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Right first question:

How old is the drain/the houses that it serves?

How many houses drain through the bit that is blocked?

S

John Stumbles

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Aug 27, 2009, 1:50:20 PM8/27/09
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On Wed, 26 Aug 2009 09:45:20 +0100, peterwn wrote:

> There should be an easemet naming his lot as 'dominant tenament' and
> your lot as 'survient tenament' covering the strip on your property
> where his drain and the shared drain runs. There should be a schedule
> of terms and conditions attached to it - should be among the 'deeds'.
> This would allow him access to your property to repair the drain and
> would need to 'make good' the surface within reason.

I wonder what the position would be if the owner of the property were to
surface his drive with some material that is expensive and/or difficult to
relay. Block paving and cobblestone-effect specialist concrete finishes,
which are quite popular these days, spring to mind.

--
John Stumbles

Thesaurus: extinct reptile noted for its wide vocabulary.

Steve

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Aug 27, 2009, 4:45:28 PM8/27/09
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"John Stumbles" <john.s...@ntlworld.com> wrote in message
news:7fnv4mF...@mid.individual.net...
How about an extension has been built over the drain/sewer? The extention
also blocks access for plant to repair the rest of the drain/sewer? This
happened to my next-door neigbour. Anyone care to take a guess on the
outcome?

John Stumbles

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Aug 27, 2009, 7:35:10 PM8/27/09
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On Thu, 27 Aug 2009 21:45:28 +0100, Steve wrote:

> How about an extension has been built over the drain/sewer? The
> extention also blocks access for plant to repair the rest of the
> drain/sewer? This happened to my next-door neigbour. Anyone care to take
> a guess on the outcome?

I think the extension would have to comply with building regs wrt
building over drains, and I guess (though I haven't trawled through the
regs) that they will make provision for access, such as incorporating a
manhole cover in the extension. (Of course the question then becomes what
happens when numpty homeowner fits laminate or hardwood flooring over the
manhole cover, making it effectively inaccessible.)

As for plant to repair ... you can get a shovel into quite small spaces :-)

--
John Stumbles

Xenophobia? Sounds a bit foreign to me.

Message has been deleted

Roland Perry

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Aug 28, 2009, 11:10:31 AM8/28/09
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In message <7fo9giF...@mid.individual.net>, at 21:45:28 on Thu, 27
Aug 2009, Steve <st...@idontthinkso.com> remarked:

>How about an extension has been built over the drain/sewer? The
>extention also blocks access for plant to repair the rest of the
>drain/sewer? This happened to my next-door neigbour. Anyone care to
>take a guess on the outcome?

I built an extension over a sewer (with full permission of water
company, building control etc). In effect, we had to build a bridge over
it, and fill the gap underneath with loose gravel, for as easy access as
possible.
--
Roland Perry

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