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
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.
See
http://www.stockton.gov.uk/resources/ehresources/drain_lay_resp/drain_lay_resp.pdf
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
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.
How old is the drain/the houses that it serves?
How many houses drain through the bit that is blocked?
S
> 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.
> 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.
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