Soakaway Question

[HQuestions]

I hope am I explaining this clearly. But basically I live in a semi detatched house. My neighbour (not attached) and their attached neighbour have been draining their surface water into a soakaway on my property for what I can assume is since when the properties were built in 1955. I have started an extension and when digging the foundations the soakaway was discover with a pipe from their side pointing into it. The building inspector obviously said their surface water needs to be pointed elsewhere. I offered to buy my neighbour a water butt for her downpipe (she has her hose plugged in all year so it could connect to the water butt). She initally accepted that offer but the next day declined it.
The neighbour she is attached to said she has got legal advice and that I should be paying for a new soakaway for them. In the covenant second schedule it says this. "Except and reserving unto the transferors and their successors in title and all others to whom the transferors may grant like rights for the benefit of adjoining or neighbouring properties of the transferors free right of way over and along so much of any passageway aforesaid as is involved in the transfer hereby made and also the right of drainage of water and soil over in or through the property hereby transferred from the adjoining and neighbouring land and proper ties now or formerly belonging to the transferors through any sewers drains and pipes which are now or may hereafter be laid under the said property and also the right to divert or alter the course of any such sewers or drains or pipes as aforesaid (whether connected to the said property or not) without making any payment or compensation therefore but making good any damage which may be occasioned thereby to the said property.".

I was just wondering if anyone has had an issue like this before and can offer any advice. They want the soakaway put under a concrete slab which will be more expensive than putting it in one of their gardens. Would they get to make demands on where it goes and the spec of it if I have to pay?

 

[Old Salt]

Is that in her deeds or yours? I would get legal advice but its unreasonable to expect a soakaway to be under a concrete slab. How the hell would they dig out the soil etc other than taking the slab up and then replacing it.

 

[Hugh Jaleak]

I would rather suspect, if it got to Court, any Judge would side with your Neighbours. Unless they were present when the properties were built, they had no idea where their surface water went to. The arrangement has worked for the best part of 70 years, now you've come along, and are asking them to alter the status quo to suit your requirements.

Whether you can insist it is moved onto their property, I have no idea, but if you were to retain it on your property, as long as it performs its required duty, I don't see as they can have any influence on how it is built.

 

[scbk]

If you've got a digger on site anyway, might be best to just dig a hole, chuck the pipe and some stone in. Cheaper than a phonecall to the solicitors?

 

[scbk]

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[noseall]

I hope am I explaining this clearly. But basically I live in a semi detatched house. My neighbour (not attached) and their attached neighbour have been draining their surface water into a soakaway on my property for what I can assume is since when the properties were built in 1955. I have started an extension and when digging the foundations the soakaway was discover with a pipe from their side pointing into it. The building inspector obviously said their surface water needs to be pointed elsewhere. I offered to buy my neighbour a water butt for her downpipe (she has her hose plugged in all year so it could connect to the water butt). She initally accepted that offer but the next day declined it.
The neighbour she is attached to said she has got legal advice and that I should be paying for a new soakaway for them. In the covenant second schedule it says this. "Except and reserving unto the transferors and their successors in title and all others to whom the transferors may grant like rights for the benefit of adjoining or neighbouring properties of the transferors free right of way over and along so much of any passageway aforesaid as is involved in the transfer hereby made and also the right of drainage of water and soil over in or through the property hereby transferred from the adjoining and neighbouring land and proper ties now or formerly belonging to the transferors through any sewers drains and pipes which are now or may hereafter be laid under the said property and also the right to divert or alter the course of any such sewers or drains or pipes as aforesaid (whether connected to the said property or not) without making any payment or compensation therefore but making good any damage which may be occasioned thereby to the said property.".

I was just wondering if anyone has had an issue like this before and can offer any advice. They want the soakaway put under a concrete slab which will be more expensive than putting it in one of their gardens. Would they get to make demands on where it goes and the spec of it if I have to pay?

I ended up putting a new soakaway for my neighbour (semi) and me, when I built my extension. I didn't charge her though.

Just dig yourself and others a new soakaway and re-direct.