Are you saying that the place that they want to connect is actually on your land or does the drain cross into their land and that's where they'll be connecting?
I'm confused.
I'm confused.
New building wanting to join to my drains
- Thread starter MickWozzy
- Start date
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As far as I'm aware no-one can make any connection into your drains without your permission, and they certainly cannot come onto your land to do it without permission. Now is the time to get a stiff letter drafted and sent to neighbour informing him any attempt to enter or interfere with your property will be dealt with via legal channels! If they wish to connect then the matter should be negotiated and a legal arrangement drawn up whereby the neighbouring property has a legal right to drain via your property's drains. A suitable sum should also be offered for that right to be granted by you. However, if the pipe is already in place to the neighbouring property, and some easement already exists whereby they can use your drainage system, then you may well be up the proverbial creek without a paddle.
Rainwater should not be put into foul drains unless all other options are proved unfeasible. If the river is that close then rainwater should be piped straight into it, one property is hardly going to increase the local flood risk!
Rainwater should not be put into foul drains unless all other options are proved unfeasible. If the river is that close then rainwater should be piped straight into it, one property is hardly going to increase the local flood risk!
In addition to the above, and the reason I wanted to clarify where the drain is currently, if you have a drain pipe on your property that the water company has no record of and you have not given permission for, then you are entitled to cut the connection off.
If the drain that you have been using goes through the other properties land then they can tap into it, on their land, with no permission from you. The drain ceases to be your responsibility at the edge of your boundary.
So which is it?
If the drain that you have been using goes through the other properties land then they can tap into it, on their land, with no permission from you. The drain ceases to be your responsibility at the edge of your boundary.
So which is it?
I have checked everything I know through research but was wondering that I'd missed something hence the forum post...There is an easement which I wasn't aware of until this all started but it is my understanding that everybody's deeds will include this anyway, or certainly a very large % will...The reason they want to connect to my drains is obviously a cost issue. Now I am not a builder but I know that it costs £140 to get permission from the water board, and I have heard somewhere in the region of 20k to connect, maybe because you need a Utility company such as Balfour Beatty.
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http://www.greenwoods.co.uk/knowledge-base/property-focus/drainage-for-developers-dream-or-disaster/
"What if a developer can’t connect his drains into the public sewer without crossing someone else’s land? This could well be a potential ransom situation, were it not for the fact that the local water company has a legal duty to provide a sewer for domestic drainage purposes, if requested by the owner or occupier of the premises requiring drainage. So, if your development involves having to lay pipes through a third party’s land, the water company should do this for you (subject to giving reasonable notice and paying statutory compensation to the third party landowner) and the third party landowner cannot object. This method enables the fortunate developer not to have to pay a ransom to the third party landowner, although it does oblige the developer to pay for the works. The cost is calculated by taking the cost of construction of the new sewer and discounting from it the anticipated future sewerage charges for the next 12 years paid by the people who use the drains. The cost will include any statutory compensation payment made to the third party landowner."
This should answer your question if the 'drain' is currently private and is indeed 'yours'. If it's public - which it could well be as the property is pre-1875 whereby the 1875 Public Health Act made all sewers public - then it may not in fact be 'yours' and be a public sewer all along.
It looks like the water company will do the work - at a charge to the developer - and then pay you the statutory amount set out from their rates.
Make sure that the builder doesn't connect, just because he says so, you need the water company to provide it in writing before anyone enters your land.
"What if a developer can’t connect his drains into the public sewer without crossing someone else’s land? This could well be a potential ransom situation, were it not for the fact that the local water company has a legal duty to provide a sewer for domestic drainage purposes, if requested by the owner or occupier of the premises requiring drainage. So, if your development involves having to lay pipes through a third party’s land, the water company should do this for you (subject to giving reasonable notice and paying statutory compensation to the third party landowner) and the third party landowner cannot object. This method enables the fortunate developer not to have to pay a ransom to the third party landowner, although it does oblige the developer to pay for the works. The cost is calculated by taking the cost of construction of the new sewer and discounting from it the anticipated future sewerage charges for the next 12 years paid by the people who use the drains. The cost will include any statutory compensation payment made to the third party landowner."
This should answer your question if the 'drain' is currently private and is indeed 'yours'. If it's public - which it could well be as the property is pre-1875 whereby the 1875 Public Health Act made all sewers public - then it may not in fact be 'yours' and be a public sewer all along.
It looks like the water company will do the work - at a charge to the developer - and then pay you the statutory amount set out from their rates.
Make sure that the builder doesn't connect, just because he says so, you need the water company to provide it in writing before anyone enters your land.
You need to get done proper legal advice.
Unless you are served a formal notice by the water authority detailing their intention to lay a sewer across your land, then you should not be letting anyone work on your land or connect to drains under your land.
Even if an easement exists, then you should be served a letter requesting enactment of the benefit granted, and this would then be dealt with by your legal advisor first. But TBH, I can't see how you could have an easement on your deeds benefiting a house that did not exist until recently.
Either way, there is compensation to be paid to you by the person requiring the connection.
It was the Public Health Act of 1936 that made any shared drain laid "on or before the 8th October" (1936) a public sewer. The law changed again in 2011, leading to a lot more drains coming under the remit of the Water Companies. I'm not so sure on the third party business, if the Water Company has a sewer in a public area then that may suffice to cover their legal obligations. Passing through a 3rd parties property to get to that sewer could well just be between the 3rd party and the developer.
As said, seek appropriate legal advice before admitting to or allowing anything. You may be in a strong position to negotiate a ransom fee yet!
As said, seek appropriate legal advice before admitting to or allowing anything. You may be in a strong position to negotiate a ransom fee yet!
I'm surprised to read that as since 2011 the water/drainage companies have been responsible for shared 'lateral' drains serving more than one property. What aspect of your drains is private? Is it connected to the main sewers or to a septic tank or somesuch?
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