SHARED DRAINS BLOCKAGE

[Oldgirl21]

Good Afternoon, My neighbour and I share a drain which has blocked but the blockage is on another neighbours land which we have an easement over, however the neighbour who's land we cross doesn't go into that drain they have their own at the other side of their house. Does anyone know if our drain is private or lateral where the water authority will clear it because they're saying it's private but we disagree. Thanks.

 

[Madrab]

When a drain is lateral then it would normally be the local authority/water transporters responsibility though they usually run outside a property. The issue you may be having here is the fact that it's on private property.

My understanding is the minute a drain becomes shared then it is also the water/local authorities responsibility but I guess you would have to establish exactly what yours is designated as. Who are the LA/WA that's saying it's your private drain?

 

[Oldgirl21]

@Madrab Thanks, Northumbrian Water, I think it's because the land owner doesn't drain into it

 

[MNW67]

Does this help?

 

[Oldgirl21]

@MNW67 Thanks but no because the drain has an easement of approx 50 m over a garden that doesn't share it before it reaches the public highway and the blockage is on the 50 m stretch.

 

[MNW67]

Thanks but no because the drain has an easement of approx 50 m over a garden that doesn't share it before it reaches the public highway and the blockage is on the 50 m stretch

I don't understand the importance of the easement. Are they saying that effectively the drain is still on your land? I don't see why that would actually matter but any information can be useful.

Is the blockage after the point (i.e roadside of) where your drain and the neigbour's drain join together. Could you rustle up a quick diagram?

Do you live on an unadopted road?

I think @HERTS P&D is a drains expert? Are there others on here?

 

[Oldgirl21]

They're saying that as the drain crosses a private garden that does not share it and that it is blocked on that garden it is not their (Northumbrian Water's) responsibility.

 

[MNW67]

But just to be absolutely clear. The blockage is after the point where your neighbour's drain and yours join together?

 

[Oldgirl21]

But just to be absolutely clear. The blockage is after the point where your neighbour's drain and yours join together?

Yes

 

[MNW67]

Yes

I've found the rules!

https://assets.publishing.service.gov.uk/media/5a79a82740f0b642860d9bf7/private-sewers-transfer-guidance110928.pdf

On 1 October 2011 all privately owned sewers and lateral drains which communicate with (that is drain to) an existing public sewer as at 1 July 2011 will become the responsibility of the sewerage undertaker

9. Private Sewers – By definition a sewer serves more than one property. Following transfer, the sewerage undertakers will take responsibility for the maintenance and repair of all private sewers (for residential development that is intended to include drainage serving more than one house, irrespective of whether the individual houses were in the same ownership,) to the point at which they connect to a public sewer.

It doesn't say anything about it not being their responsibility if it is under somebody else's garden. Plus your situation is not covered by any of the specific exemptions as far as I can see in the actual Regulations.

There is a lawyer on here called @motorbiking. I wonder if he has any experience of these matters.

 

[MNW67]

@Oldgirl21

When was your property built?

Has there been any change to the layout of the drains since 2011 e.g. because properties have either been split or knocked together?

 

[Oldgirl21]

2009 self build with drain easement over house in front

 

[MNW67]

2009 self build with drain easement over house in front

Was the road you are on, and its public sewer, adopted before July 2011?

If so, from my layman's reading of the rules, you had a "private sewer" that joined a "public sewer", and in July 2011 the responsibility for the full length of that sewer, from where you and your neighbour first join right to the road, would transfer to the water company. If it was after that date, I think you apply for them to be adopted, rather than it happening automatically, but not sure on that point.

Is it a private unadopted road? (Just trying to rule out any exemptions.)

I've not read absolutely every word in the guidance or the Regulations! But I think I've read the pertinent parts. There is a complicated section on "curtilage" that might be worth checking.

EDIT: I may have found the fly in the ointment. Could your neighbour with the garden have objected? Although it looks like he would have to show it would cause him "serious detriment". It is not clear to me whether in this situation the whole sewer would be rejected or just the bit under his garden.

- on or soon after the coming into force of the transfer regulations on 1 July, the sewerage undertakers will serve notice on the owners of all private sewers and lateral drains of the forthcoming declaration of vesting on 1 October 2011. Private sewer owners or others with an interest (for example where a private sewer crosses other property but is not used by that property) will also need to be advised of their right of appeal against vesting, which must be lodged with Ofwat within two months of notice being served, or published in the press, whichever is the later;

 

[Hugh Jaleak]

Quite simply, it is a shared drain and the issue is off the property, so it is the Water Company's issue, end of. They know full well it is, but clearly don't want to do the job, for whatever reason.

They are legally obliged to sort it, has anyone actually been out to look? I would also be speaking to Environmental Health at the Local Council and tell them you are unable to flush your WC's!

 

[MNW67]

I would also be speaking to Environmental Health at the Local Council and tell them you are unable to flush your WC's!

That sounds a very good idea.