Access Removed to Manhole & Wastewater pipe

[EXC]

EXC

I am trying to post but each time I do, the thread does not show my posts. Could you help please? Many thanks

Sorry about that, I've approved post #47. I'll ask des8 if he could take a look.

[RedRuby]

I can't sleep due to being a little sick with worry over what I have discovered. I have written to the council's planning department who authorised the planning application of my neighbours extension at the time and also the building inspector who signed off on the drainage. I have told them I have just discovered the connection of my neighbour's private wastewater pipe connecting into my private wastewater pipe, that I did not give consent nor had knowledge of this and asked them to supply me with all the documentation with regards to the drainage plans and sign off. I have not asked for this as an FOI. I have advised them neighbours had access to their own access chamber on the property where waste connections could have been made and if they had needed to make new waste connections to my access chamber they should have sought permission from Southern Water and myself. I have also said that my insurance does not cover shared drains. So I have started the ball rolling I just hope what I have done is correct.

[RedRuby]

Sorry about that, I've approved post #47. I'll ask des8 if he could take a look.

Thank you.

[RedRuby]

Good afternoon all,

I have been on the hunt for more information as to my situation.

Have I done the right thing in approaching the council in the manner I have without making the information request an foi? I've read that I may be looking at having to have an indemnity cover but that as I have approached the council for more information it can throw indemnity into a grey area.

Can anyone shed a little light on my legal rights please I feel as though I am fumbling around in the dark and if not, is there somewhere else I could be directed to for help?

To recap:

On investigating my drains due to rats in my home I have discovered that when building their rear extension in 2008-2009, the next door neighbour has piggybacked their new waste connection into my existing private waste connection pipe for my toilet without my knowledge or consent. Changes or plans to my drainage were not made available to me at the time nor exist on the Planning Register now. I have contacted council for all documentation regards drainage plans and sign off and made them aware I know this isn't kosher. This has occurred on my land.

I need a solicitor don't I?

[RedRuby]

EXC

Apologies, but I am unsure why nobody has responded to my posts. Have I posted in a way in which has put others off or perhaps I have fallen foul of the guidelines or rules? I am not sure why no-one has responded when I have previously received great help and real life success. I think it must be something I am doing wrong but unfortunately I have not yet cottoned on to what it is.

[EXC]

No you're not doing anything wrong but we have had a few technical issues with the forum so Des might not have got my tag alert. I've sent him a PM to see if he can help, if he's around.

[des8]

I think you made the correct assessment when you suggested you might need to consult a solicitor.

It seems to me that under the regulations (The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011) the sewerage undertaker has to have taken over responsibility for the shared lateral drain, but responsibility for the section from each private house to said shared lateral drain remains the responsibility of relevant householder (although when it passes over the boundary into the neighbours property it may become the responsibility of the sewerage undertaker)

I think this means that your neighbour, by tiling over your access is preventing you exercising your right " to enter on the said premises adjoining for the purpose of cleansing repairing and renewing the said combined drain".
Now it might be argued by your neighbours that you don't wish to be "cleansing repairing and renewing the said combined drain"(which is now the responsibility of the sewerage undertaker), but want to install rat flaps on your connecting drain.

I do think you should first try and come to an agreement with your neighbours that they restore your access.
Point out to them, if necessary, that the legal option will only cost both of you stress, time & money, and at the end of it you are both still neighbours., and if either of you wish to sell at some future time this disagreement (if escalated) will need to be declared to future prospective buyers.

It does seem to be a big muddle, and I regret I don't see an easy answer.
Speak to your neighbour and push the sewerage undertaker.
If no joy involve your MP

[RedRuby]

Thank you des8

I had wondered if trespass may have been an available route for me to take due to not having knowledge nor consent regards the drain especially if their connection is on my property.
But I suspect you would have suggested that if you felt it was viable.

I agree, I think my neighbours will be amenable with regards to my access to my manhole. I will forget about fitting the flap as a permanent solution, however if my drain is indeed broken I will have to fit the flap temporarily as a repair until I can have the drain replaced. Otherwise the rats will not have the opportunity to leave my property before their entry/exit is blocked and they'll be locked in the house with me.

Many thanks

[des8]

I did wonder about trespass, but the difficulty now is that once your drain leaves your property it becomes the responsibility of the sewerage undertaker.
It seems to me that a trespass claim will be so complicated that the only winners will be the lawyers!

[RedRuby]

des8
Thank you for your time and advice