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Neighbours refuse access to maintain shared drain

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George Miles

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Dec 6, 2020, 8:31:16 AM12/6/20
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Two neighbours have refused me access to maintain shared drain.
I sent them a notification that I wanted to insert a camera and maybe lift some manhole covers but they refused, one phoned the drainage company and told them not to do it.

We have rainwater getting into our sewage pipe and flushing the septic tank into a farmer's field whenever it rains, which is illegal with a £30,000 fine and 6 months prison!

All the properties deeds say something like "successors in title to the property hereby conveyed and the adjoining property of the Vendors will jointly maintain all pipes cables and other services the use of which is common between the said properties and will share equally as between such properties the cost of such maintenance repair and renewal of such pipes cables and services and the right to enter upon each others property for the purpose of carrying out repairs to such pipes cables and other services upon giving reasonable notice (except in the case of an emergency when immediate entry will be permitted) making good any damage occasioned by such entry"

Mark Goodge

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Dec 6, 2020, 12:55:05 PM12/6/20
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The Access to Neighbouring Land Act 1992 covers this issue, and allows
you to apply for a court order to authorise access. But, if it's in the
deeds, that may be unnecessary.

I would suggest getting a soliciter to write a letter on your behalf
pointing out that both the deeds of their property and the Access to
Neighbouring Land Act 1992 make provision for granting access in such
circumstances, so if they don't voluntarily give permission you will
take the necessary legal steps to compel them to do so.

Mark

Pamela

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Dec 6, 2020, 1:40:05 PM12/6/20
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I vaguely recall for shared domestic drains and sewers (I believe
the term is "private sewer"), the water company sometimes has a
responsibility. At least that what water company repair men
told me when they cleared a blockage at my mother's house.

As it happens she didn't pay for a different reason -as she was
very elderly.

pensive hamster

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Dec 6, 2020, 2:39:06 PM12/6/20
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On Sunday, December 6, 2020 at 6:40:05 PM UTC, Pamela wrote:
> On 17:55 6 Dec 2020, Mark Goodge said:
> I vaguely recall for shared domestic drains and sewers (I believe
> the term is "private sewer"), the water company sometimes has a
> responsibility. At least that what water company repair men
> told me when they cleared a blockage at my mother's house.

Yes, I think it is generally correct, that the water company is
responsible for the lengths of sewage pipes that serve several
properties, when the water company provides sewage services
to those properties.

However, the OP's post refers to a septic tank, which presumably
is private, and not provided by or serviced by the water company,
as it would be in the case of mains sewage,

The water company cannot really be responsible for maintaining
services which they do not provide.

George Miles

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Dec 6, 2020, 3:10:54 PM12/6/20
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We have a private septic tank shared between 7 properties.
None of us can sell or mortgage our houses until this problem is sorted

https://chartsedge.co.uk/septic-tank-regulations-2020/

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