Neighbour and Drain

[Kimberley88]

Not sure I am in the right place here so apologies in advance if I am.

The problem I have is my sewer drain runs through my neighbours property and across another garden to the main sewer. Every 3 - 4 months the drain blocks and it has to be cleared. I called enviromental health and they confirmed what looks like a partial collapse in the neighbours garden, but because water was in the drain they were unable pinpoint exactly where it was. Also there was rubble in the drain consistent with material laid around the drains.

Enviromental health have dealt with the problem on the last three occasions because my neighbour is the proverbial pain in the butt and wants nothing to do with it.

Three of us are connected to the drain and the other person like me is happy to pay whatever it costs to fix and have paid to sort the block on previous occasions. But my neighbour is not interested. She also hs her conservatory downpipe connected to this drain which she is not supposed to have. The last unblocking contained a lot of leaf debris.!

The good news is she is moving but the question is can she sell without declaring the problem? the new buyer is going to get a nasty surprise when the drains block again and if / when the drain gives up completley.

Can I notify anyone so potential purchaser is aware of the problem. Or is it just a case of sorting the problem when new person moves in.

The house was built around 1985 and we had blocks in Jan, April, July and must be due another soon

I have a diagram http://www.frogit.co.uk/drain/drainplan.doc that may help understand the problem, the picture in the top left hand is the manhole on my neighbours property and that water is whats always there and thats the at the top end of the flow (yes the drain is the wrong way round)

The picture on the second page is where Enviromental health believe the partial collapse to be on the pipe coming back down by the conservatory.

The conservatory rain water drains into the pipe going to manhole which then emptys into the pipe going to the main sewer.

The odd arrangement is due to a change of plan when houses were built and why the drain flow is in wrong direction .

Any advice appreciated

 

[^woody^]

Start a dispute ..... not an argument, but a dispute relating to the drain. This will have to be notified to prospective buyers. Drop a note to the company on the sale board too, just to be sure.

All it has to be is a little note along the lines of "I want you to fix the broken drain on your property as it is affecting my use of my property"

 

[big-all]

how old is the property pre 1936 water and sewage act i think it was
shared drains are the responcibility off the council or waterboard


edit sorry missed your 1985 date but still worth mentioning that its free if older than 1934 ish

 

[Kimberley88]

I did drop a letter off to her on the last blockage giving her the findings from the Enviromental health which she ignored.

Will inform the company she is selling with though.

Thanks for advice.

 

[IJWS15]

So you have an awkward neighbour who is selling up and you WANT to start a dispute that may delay/prevent the sale . . . . . .

Surely better options are:

1. keep quiet and when it blocks again raise it with the new owner who is unlikely to be as difficult.

Or

2. go to see the current neighbour now and ask her if she will deal with it or if she wants you to notify all the other parties and risk delaying the sale.

 

[maltaron]

If your drain crosses a neighbours property this should be in the house deeds. You will almost certainly have an easement over your neighbours garden to carry out repairs. You will, however, have to reinstate the garden to a satisfactory state. I f the blockage is after the neigbours connection that is the neighbours problem and as stated in this topic you should start a dispute. If the repairs are not carried out and your property is damaged by your neighbours inaction you will have a claim.